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september 1985

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.

M/S. BADRI PRASAD JAGAN PRASAD vs COMMISSIONER OF INCOME TAX, U.P., LUCKNOW · Niyam