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Issues Involved:
1. Whether M/s. G. Parthasarathy Naidu and Sons and M/s. Sri Lakshmi Oil and Flour Mills can be treated as two separate firms and distinct assessable entities. Issue-Wise Detailed Analysis: Issue 1: Whether M/s. G. Parthasarathy Naidu and Sons and M/s. Sri Lakshmi Oil and Flour Mills can be treated as two separate firms and distinct assessable entities. Facts: - G. Parthasarathy Naidu, the karta of the HUF, and his three sons formed a sub-partnership sharing a 5/16th partnership share in M/s. Gadireddi Peda Narasimhulu Naidu & Sons. - The assessee-firm was constituted on October 1, 1968, with profits shared equally among the three major partners and losses shared equally. - Another partnership, M/s. Sri Lakshmi Oil and Flour Mills, was formed on November 26, 1968, by the same divided coparceners for the oil business, with a different loss-sharing ratio. - For the assessment year 1971-72, separate returns were filed for both firms, but the ITO clubbed the income of the two firms and assessed them as one entity. Arguments: - The revenue argued that since the firms consisted of the same partners, they should be considered one entity for tax purposes, citing the decision in Addl. CIT v. Venkata Narasimha Rao & Co. [1976] 104 ITR 28. - The assessee contended that the two firms were separate entities with different businesses and profit-sharing ratios, and there was no inter-lacing or inter-mixing of funds between them. Legal Analysis: - The court examined whether a firm under the Income-tax Act (I.T. Act) is a separate and independent juristic personality. - Under the I.T. Act, a firm is a distinct legal entity chargeable to income-tax, unlike under the Partnership Act where it is merely an association of persons. - The court referenced multiple precedents, including CIT v. A. W. Figgies and Company [1953] 24 ITR 405 and Dulichand Laxminarayan v. CIT [1956] 29 ITR 535, which established that a firm is a separate assessable entity under the I.T. Act. - The court disagreed with the Division Bench decision in Addl. CIT v. Venkata Narasimha Rao & Co., which held that a firm does not assume a legal personality under the I.T. Act. - The court emphasized that under the I.T. Act, there is no prohibition against the existence of two or more separate firms by the same partners. Conclusion: - The court concluded that the two firms, M/s. G. Parthasarathy Naidu & Sons and M/s. Sri Lakshmi Oil and Flour Mills, are separate legal entities for the purpose of assessment under the I.T. Act. - The Tribunal's finding that there was no inter-lacing or inter-mixing between the two firms and that they had different businesses and profit-sharing ratios was upheld. - The court answered the question in the affirmative, in favor of the assessee, holding that the two firms can be treated as separate and distinct assessable entities.
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