E. M. MUTHAPPA CHETTIAR vs THE INCOME-TAX OFFICER, SPECIALCIRCLE, COIMBATORE

The Supreme Court held that under the Excess Profits Tax Act, 1940, an assessment made on the managing partner is binding on the other partner, even if the firm was dissolved prior to the assessment. The Court ruled that the unit of assessment is the business, not the firm, and thus the assessment remains valid under Section 44 of the Indian Income-tax Act, 1922. The Court affirmed that no separate notice of demand under Section 29 was necessary for tax recovery, as the notice served on the managing partner constituted notice to the appellant as well.