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1972 Supreme(Mad) 550

G.RAMANUJAM, V.RAMASWAMY
A. Graham and Brothers – Appellant
Versus
State of Madras – Respondent


Advocates Appeared: For

Judgment :-

RAMASWAMI J.

The petitioner was a partnership firm. The partners of the firm were one A. Greha Durai and his three brothers, who were the sons of one P. Iya Nadar. The partnership was evidenced by a partnership deed dated March 21, 1960. For the assessment years 1960-61 and 1961-62, the partnership firm applied for registration under the Agricultural Income-tax Act, 1955, and the same was granted. But, for the assessment year 1962-63, which is the year now in dispute, the firm did not apply for registration. But the partnership was continued. On April 1, 1963, the partnership was dissolved. For the assessment year 1962-63, the four partners submitted four separte applications for composition of agricultural income-tax. Since the partnership was in existence during the assessment year, they were asked to submit a single composition application for all the lands. The assessee-firm replied on May 4, 1962, stating that the partners were not making their applications in their capacity as partners of a firm but they were submitting as 'Individual members. But the Agricultural Income-tax Officer refused to permit the composition by individual members, as the partnership continu










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