Supreme Court · 1953 INSC 53 · Decided 23 September 1953

Sohan Pathak and Sons v. Commissioner of Income-Tax, U.P.

Court
Supreme Court of India
Citation
1953 INSC 53 · [1954] 1 S.C.R. 158
Case number
CIVIL APPEAL No. 47/1952
Decided
23 September 1953
Bench
M. PATANJALI SASTRI, BIJAN KUMAR MUKHERJEA, VIVIAN BOSE, GHULAM HASAN, B. JAGANNADHADAS (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 25(3)

Headnote

158 SUPREME COURT REPORTS [1954] SOHAN PATHAK AND SONS v. COMMISSIONER OF INCOME-TAX, U.P. [PATANJALI SASTRI C. J., MuKHERJEA, VIVIAN BosE, GHULAM HASAN and JAGANNADHADAS JJ.] Excess Profits Ta.r Act (XV of 1940), ss. 4, 5, JO.A-Hindu undivided family-Partial partition dividing assets and family carried on business in money lend· ing and brocade. On the 16th July, 1943, there was a partial partition amongst the members by which the brocade business was divided and its assets and liabilities were partitioned in equal shares between the members of the family. On the next

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