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1985 Supreme(SC) 271

RANGANATH MISRA, SABYASACHI MUKHARJEE, V.D.TULZAPURKAR
Ratanchand Darbarilal – Appellant
Versus
Commissioner Of Income Tax, M. P – Respondent


Advocates:
A.Subhashini, B.B.Ahuja, G.R.Purohit, S.S.Khanduja, V.S.DESAI, Yashpal Dhingra

Judgment

RANGANATH MISRA, J.:- These are assessees appeals by special leave from the common decision of the Madhya Pradesh High Court on the three references made to it under Section 66 of the Income-tax Act, 1922 (Act for short). The year of assessment is 1958-59 corresponding to the accounting year ending with August 28, 1957, One Muralidhar had two sons, Ratanchand and Darbarilal. Ratanchand had two sons, Jaykumar and Abhaykumar, while Darbarilal had one son by name Dhanyakumar. Dhanyakumar in his turn had four sons, namely, Keshavkumar, Prasannakumar, Sunilkumar and Sudhirkumar. Branches of Ratanchand and Darbarilal had long separated. On March 1, 1943, a firm by name M/s. Ratanchand Darbarilal was constituted at Katni with Dhanyakumar and Jaykumar as its partners and these two represented their respective families. The firm carried on business in textile goods and in due course acquired substantial properties out of contributions made by the two Hindu Undivided Families. In 1950, a separate retail shop by name Premier Cloth Stores was opened at Katni by the firm. Similarly, in 1953-54, a branch was opened at Satna for handling cloth business. On November 1, 1956, under a partne























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