Supreme Court of India · 1966-10-07
COMMISSIONER OF INCOME-TAX, WEST BENGAL,CALCUTTA vs JUGGILAL KAMALAPAT
- Citation / case number
- SC 1966/60239
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF INCOME-TAX, WEST BENGAL,CALCUTTA
- Respondent
- JUGGILAL KAMALAPAT
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court held that the new partnership between J and the Trust was validly constituted under a deed that did not require registration, as it pertained to the individual interests of the three brothers in the original firm's assets. The Court clarified that the existence of a firm could be challenged on two grounds: non-existence or invalidity in law, and in this case, the firm was found to have come into existence. The Court upheld the High Court's decision that there was no impediment to the registration of the new firm under Section 26A of the Income-tax Act, 1922.