1994 (8) TMI 13 - HC - Income Tax

Summary

Issues:
1. Assessment year 1968-69:
a. Whether the firm could raise a goodwill account and evaluate it at Rs. 4 lakhs?
b. Whether each partner could be given credit for a share in the goodwill amount?
c. Whether a deduction of 50% out of the profits allocated to the assessee was correctly allowed?
d. Whether an enquiry under section 171 by the Income-tax Officer was necessary for the Hindu undivided family's share of profits from the firm?

Analysis:
The judgment pertains to assessment years 1968-69 and 1969-70, with references from both the Revenue and the assessee. The primary issues revolve around the firm's goodwill evaluation, partner credit allocation, profit deduction, and the necessity of an enquiry under section 171 for the Hindu undivided family's profit share. There was a disagreement among the Appellate Tribunal members, leading to a single question being referred to the third member. Notably, the goodwill account matter was never conclusively decided by the Tribunal, rendering questions related to it irrelevant. The partial partition setup by the assessee in the Avtar Krishan Hindu undivided family was crucial for determining the profit share allocation. The necessity of an enquiry under section 171 was highlighted as a statutory requirement, emphasizing the Assessing Officer's failure to address the partial partition issue. Consequently, the Appellate Tribunal's decision to remand the case for a proper assessment of the partial partition was deemed justified. The decision on the 50% profit deduction was contingent upon the partial partition finding, which was absent, leading to the court's refusal to address this issue directly. Ultimately, the questions related to the necessity of an enquiry under section 171 were answered in the affirmative in favor of the Revenue, while other questions were left unanswered, aligning with the statutory implications of section 171 findings. The judgment concluded by answering the specific questions in accordance with the above analysis, thereby providing a comprehensive resolution to the issues raised in the references.