Supreme Court of India · 1985-09-20
M/S. BADRI PRASAD JAGAN PRASAD vs COMMISSIONER OF INCOME TAX, U.P., LUCKNOW
- Citation / case number
- SC 1974/60436
- Court
- Supreme Court of India
- Petitioner
- M/S. BADRI PRASAD JAGAN PRASAD
- Respondent
- COMMISSIONER OF INCOME TAX, U.P., LUCKNOW
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that the assessee, a Hindu undivided family, was entitled to relief under Section 25(4) of the Income Tax Act, 1922 for the assessment year 1949-50. The Court clarified that the succession of the family business to a partnership firm occurred on 12th October 1948, which marked the commencement of the previous year relevant to the assessment year 1950-51. Therefore, the Tribunal's decision to deny the benefit for 1949-50 was incorrect, as the assessee was entitled to relief for that year.