| Case ID |
0abb817c-50c3-49e8-895d-3e3e125ec6ea |
| Body |
View case body. Login to View |
| Case Number |
CIVIL APPEAL No. 51 OF 1957 |
| Decision Date |
Apr 22, 1959 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled on the maintainability of the appeal regarding the assessment years 1949-50 and 1950-51. The court found that the appeal for 1949-50 could not be maintained due to the lack of provision under the Saurashtra Income-tax Ordinance, 1949, for obtaining a certificate for leave to appeal. The court dismissed the appeal for the assessment year 1949-50, while allowing the appeal for the assessment year 1950-51 and modifying the registration of the firm to be operative only from July 1, 1949, to December 31, 1949. The decision was partly in favor of both the assessee and the revenue, with costs borne by each party. |
| Summary |
In the case of Commissioner of Income Tax and Saurashtra v. Patel & Co., the Supreme Court of India addressed the registration of two partnership firms under the Income-tax Act, focusing on the assessment years 1949-50 and 1950-51. The court examined the legal provisions regarding the registration of firms and the implications of the partnership deeds from 1948 and 1949. It determined that the appeal for the 1949-50 assessment year was not maintainable due to procedural issues, while for the 1950-51 assessment year, the registration should be limited to a specific period. This case highlights crucial aspects of partnership registration and tax law, making it significant for practitioners in the field of tax and corporate law. Keywords: Income-tax Act, partnership registration, Supreme Court decisions, assessment year rulings, legal provisions. |
| Court |
Supreme Court of India
|
| Entities Involved |
Not available
|
| Judges |
S.R. DAS, C.J.,
BHAGWATI,
HIDAYATULLAH
|
| Lawyers |
K.N. Rajagopala Sastri,
D. Gupta,
R.J. Kolah,
Dilip Dwarka Das,
J.B. Dadachanji,
S.N. Andley
|
| Petitioners |
Commissioner of Income Tax and Saurashtra
|
| Respondents |
Patel & Co.
|
| Citations |
1959 SLD 310 = (1959) 37 ITR 412
|
| Other Citations |
Dulichand Laxminarayan v. CIT [1956] 29 ITR 535 (SC)
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
185,
261
|