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1954 Supreme(Pat) 123

K.SAHAI, V.RAMASWAMI
D. D. Kapoor – Appellant
Versus
Commissioner Of Income Tax – Respondent


Judgment

1. In these cases the assesses is a Hindu undivided family consisting of four brothers, D. D. Kapoor, J. D. Kapoor, K. L. Kapoor & N. K. Kapoor. In the year 1942 the four brothers entered into contract of partnership with two Dalmia brothers, namely, G. R. Dalmia & J. N. Dalmia. The deed of partnership provided that each of the four brothers would have two and a half annas share in toe profits and losses of the partnership business. The two Dalmia brothers were granted three annas share each and there was a term in the deed of partnership that the four Kapoor brothers would furnish the skill, labour and goodwill for the partnership business and the two Dalmia brothers would furnish the funds for carrying on the work. The partnership lasted from June 1942 till March 1947. The account of the partnership showed that each of the Kapoor brothers and each of the Dalmia brothers was credited with respective shares of the profit. The profits were credited to the personal account of the partners in the books of the partnership. It also appears that the partners withdraw money from their personal accounts from time to time. Paragraph 4 of the partnership deed shows the shares of the















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