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1953 Supreme(Pat) 41

RAI, V.RAMASWAMI
Kaniram Ganpatrai – Appellant
Versus
Commissioner Of Income Tax – Respondent


Judgment

Ramaswami, J.

1. This case relates to the assessment made on Messrs. Kaniram Ganpatrai for the assessment year 1944-45. The previous year was the Diwali year ending with Kartik Badi 15 which corresponded to the period 8-11-1942 to 27-10-1943. The firm was constituted of two partners, via., Inderchand Kerjriwal who had ten annas share and Mahadeolal Jwalaprasad who had six annas share. Inderchand Kejriwal and Mahadeolal Jwalaprasad were partners in their capacity as kartas of the respective Hindu undivided families. In or about the year 1941, the Hindu undivided family, of which Mahadeolal was partner, became divided but Mahadeolal Jwalaprasad continued to hold the six annas share of the partnership of Kaniram Ganpatrai. On 27-10-1943 Mahadeolal Jwalaprasad retired from the partnership. On the next date a new partnership composed of Inderchand Kejriwal and Ramniranjan Kejriwal was formed. The name of the new firm was Kaniram Jankidas, of which Inderchand had 12 annas share and Ramniranjan had four annas share. The stock in trade and most of the book debts and liabilities of the old firm of Kaniram Ganpatrai were transferred to the new firm of Kaniram Jankidas who continued t





















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