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TMI Blog1929 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of the High Court under clause (3) of section 66 of the Income-tax Act of 1922. The facts are briefly as below:- The assessee Lala Nathu Mal and his six sons constituted a joint Hindu family and they carried on a business in dyes at Amritsar and some other places under the name and style of Kalu-Mal-Shori Mal and Company. It was stated that the sons separated from the father on the 19th o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is common ground that if the assessee's contention is well-founded, the case is governed by section 25 (3). But on the other hand, if the view taken by the Income-tax authorities is correct, the case falls under section 26. It appears that the Subordinate Income-tax Officers expressed conflicting opinions from time to time in respect of the nature of the change in the old business that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the disruption of a family is to be determined according to the facts of each case. The assessee's contention that the family firm ceased to exist because the family disrupted, is untenable because the business of a family can continue in spite of its disruption. The question really is whether the business was discontinued or not in consequence of the breaking up of the family. According to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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