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TMI Blog1969 (8) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ising a separate assessment on the firm - - - - - Dated:- 29-8-1969 - Judge(s) : T. P. MUKHERJEE., V. G. OAK. JUDGMENT The judgment of the court was delivered by V. G. OAK C.J.-These are two connected references under section 66 of the Indian Income-tax Act, 1922 (hereafter referred to as the Act). Satish Chand and Kishan Chand are two partners of a registered firm, Messrs. Satish Chand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by different High Courts. In J. C. Thakkar v. Commissioner of Income-tax, it was held by the Bombay High Court that the assessment of a partner of an unregistered firm on his share of the profits in the firm is not illegal on the ground that the unregistered firm of which he is a partner has not been first assessed to tax. Similarly, in Hazari Ram Mohan Ram v. Commissioner of Income-tax, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income of an association was charged to income-tax in the hands of the members individually and the assessment of members remained valid, there could be no fresh assessment of the income in the hands of the association. Mr. P. N. Pachauri, appearing for the assessee, relied upon a decision of the Supreme Court in M. M. Ipoh v. Commissioner of Income-tax. In that case it was held that primari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t a partner would be illegal on the short ground that no special reason for following a particular procedure is indicated in the assessment order. There is nothing in the decision of the Supreme Court in M. M. Ipoh v. Commissioner of Income-tax to shake the authority of the decision of this court in Hazari Ram Mohan Ram v. Commissioner of Income-tax. We, therefore, hold that it is open to an Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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