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1992 Supreme(Guj) 392

S.B.MAJMUDAR, C.V.JANI
Swadeshi Industries – Appellant
Versus
Income-Tax Settlement Commission – Respondent


Advocate Appeared:
For the Petitioner:K.H. Kaji and L.G. Thakkar, Advocates.
For the Respondent:B.J. Kaji and M.R. Bhatt, Advocates.

JUDGMENT :

S.B. Majmudar, J.

In this group of seven matters, a common order passed by the Settlement Commission in exercise of its powers under section 245D(1) of the Income-tax Act, 1961, has been brought in challenge. By the said order, the Commission summarily rejected the applications moved by the concerned petitioners to this group of petitions for settlement of their cases for which they had filed applications under section 245C of the said Act.

2. A few relevant facts leading to these" petitions deserve to be noted at the outset. At the relevant time, there were in existence in this city eleven partnership firms engaged in the business of construction activities and manufacturing gray boxes and gray boards and bricks and plastic items and of transport and supervision and as engineers. The said firms had as their partners one or some of the following persons or their near relatives

 

 

Percentage of profit

1.

Kanubhai P. Patel

29

2.

Manibhai P. Patel

29

3.

Satishchandra R. Desai

27

4.

Shantilal N. Patel

11

5.

Jaykant

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