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2012 Supreme(Kar) 911

N.KUMAR, RAVI MALIMATH
Commissioner of Income Tax – Appellant
Versus
P. N. Panjawani – Respondent


Advocates:
Advocate Appeared:
Mr. G. Kamaladhar, for the Appellant
Mr. A. Shankar, M. Lava, for the Respondent

JUDGMENT

N. Kumar , J.—As a common question of law is involved in all these three appeals, they are taken up for consideration together and disposed off by this common order. The firm M/s. Kamal Industries was dealing in manufacturing and marketing of audio and video cassettes. The partnership was constituted on 05.04.1961. The firm owned property in the form of land situated at 6/2 and 6/3, Doddanakundi Industrial Road, Tubbarahalli village, Marathahaili measuring 1,67,765 sq.ft. The firm filed its return of income for the assessment year 1992-93. Afterwards, no returns were filed on the ground that the firm had stopped its activities and there was no income. In the books of account, the value of the land shown is at Rs. 25,747/-, the value at which it was purchased in the year 1967. The value of the borewell, dining room and factory building along with the value of the land were shown at Rs. 1,93,510/-. The firm revalued the assets as on 01.04.1995 and the opening value was at Rs. 7/- crores. As on 31.03.1995, the firm consisted three partners each having equal share. The said partnership was reconstituted by a partnership deed dated 12.10.1995 admitting four more new partners. Th































































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