Supreme Court of India · 1960-11-29
C. A. ABRAHAM, UPPOOTTIL, KOTTAYAM vs THE INCOME-TAX OFFICER, KOTTAYAM AND ANOTHER
- Citation / case number
- SC 1958/16
- Court
- Supreme Court of India
- Petitioner
- C. A. ABRAHAM, UPPOOTTIL, KOTTAYAM
- Respondent
- THE INCOME-TAX OFFICER, KOTTAYAM AND ANOTHER
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 44 and Section 28(1)(c) of the Income Tax Act, 1922, a partner of a dissolved partnership can still be assessed for income tax and penalized for concealing income even after the firm's dissolution. The Court clarified that the analogy of dissolution of a Hindu joint family does not apply to partnerships. It was determined that the provisions of Chapter IV of the Act remain applicable even after the discontinuation of a firm's business, and the term 'assessment' encompasses both tax computation and penalty imposition.