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2005 Supreme(SC) 157

C.K.THAKKER, RUMA PAL, ARIJIT PASAYAT
M. Janardhana Rao – Appellant
Versus
Joint Commissioner Of Income Tax – Respondent


Judgment

Arijit Pasayat, J.—Leave granted in SLP (C) Nos. 13009-13012/2003, 13021-13022/2003, 2763-2766/2004 and 13015-13016/2003.

2. These appeals have their matrix in a common judgment rendered by a Division Bench of the Karnataka High Court. By the impugned judgment several appeals filed by assessees and revenue purported to be under Section 260A of the Income Tax Act, 1961 (in short ‘the Act’) were disposed of.

3. Detailed reference to the factual aspects would be unnecessary as we propose to dispose of the appeals taking note of submissions made by learned counsel for the appellants to the effect that the manner of disposal as done by the High Court is not in line with the ­prescriptions of Section 260A of the Act. Suffice it would to only note that the assessees were at some point of time, partners of a partnership firm styled Mangalore Ganesh Beedi Works. The said firm which consisted of thirteen partners stood dissolved in terms of the Deed of Partnership with effect from 6.12.1987, by efflux of time. According to the revenue, thereafter the erstwhile partners continued the business being members of an Association of Persons. This Association of Persons was described by the au































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