1965 (12) TMI 151 - HC - Income Tax

Summary

Issues:
Claim for set-off of loss from unregistered partnership firm against other business profits.

Analysis:
The judgment pertains to an assessment year where the assessee claimed a set-off of a loss incurred from a dissolved unregistered partnership firm against profits from other businesses. The Income Tax Officer denied the set-off, a decision upheld by the Appellate Assistant Commissioner. The Appellate Tribunal, influenced by a Bombay High Court decision, allowed the set-off. The matter was referred to the Patna High Court to determine two questions of law.

The first question was whether the assessee could claim a set-off of the loss from the unregistered firm. The court referred to Section 24 of the Income Tax Act, which states that losses of an unregistered firm can only be set off against the firm's income, not the partners' income. The assessee argued that as a partner of the unregistered firm, they were entitled to the set-off. However, the court cited a Supreme Court decision that clarified losses of unregistered firms can only be set off against the firm's income, not the partners'. Therefore, the court ruled in favor of the Commissioner of Income Tax, denying the set-off to the assessee.

The court found the case aligned with the Supreme Court's decision in a similar matter, emphasizing that losses of unregistered firms cannot be set off against partners' income. Consequently, the court held that the assessee was not entitled to claim the set-off. As a result, the second question referred for opinion was deemed unnecessary to address. The reference was disposed of, with the assessee directed to pay the costs of the reference along with a hearing fee.

In conclusion, the judgment clarified that losses from unregistered partnership firms cannot be set off against partners' income but only against the firm's income. The court's decision was based on the provisions of the Income Tax Act and aligned with the Supreme Court's interpretation in a similar case, leading to the denial of the set-off claim by the assessee.