Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1938 (1) TMI 23

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t family in respect of a business carried on by them. The material facts may be very shortly stated. The family are the descendants of one Chaturbhuj who left two sons. The eldest son left three sons the eldest of whom was one Nemchand. From the younger son was descended one Bhuramal who had, in turn, two sons Sohan Lal and Puranchand. During the year of assessment Nemchand dropped out of the fami .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the other members of the family. Now, the first question of the Commissioner which we have to answer is whether in the circumstances of this case that assessment was rightly made on the basis of a Hindu undivided family. This question in part depends upon whether the business was the same business after as before the elimination of Nemchand or whether it was a different business, and that is .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that year; but the department has charged them, very reasonably only with the tax for the period after disappearance of Nemchand. With this question, however, we are not concerned. The second question submitted to us relates simply to one item of the accounts. It would seem that some few years ago one Nasiruddin Ahmad became indebted to the assessees' business in respect of a sum of Its. 1, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rtment should treat a continuing business with a continuing and consistent system of treatment of items of account and the principles which are applicable to such an item of account and such a method of treatment of accounts in a consistent manner are explained in the case of Bansidhar v. Commissioner of Income-tax, Bihar and Orissa [1934] ILR 13 Patna 101, the remarks at page 105 being the passag .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates