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S. C. MANCHANDA
NIHAL CHAND KISHORI LAL – Appellant
Versus
COMMISSIONER OF Income Tax, U. P. – Respondent
JUDGMENT
S. C. MANCHANDA J. - This is a consolidated case stated u/s 66(2) of the Income Tax Act, 1922, in respect of assessment years 1950-51 and 1951-52. The question referred is :
"Whether having regard to the nature of the various activities and the other facts and circumstance of the case the business carried on by the assessee at the time which the claim u/s 25(4) was made was the same business on which tax under the act of 1918 was paid and whether relief u/s 25(4) was or not allowable ?"
There was a Hindu undivided family styled Nihal Chand Kishori Lal. It was dealing in various kinds of grains and oil seeds. That business of the Hindu undivided family was charged to tax under the provision of the Indian Income Tax Act, 1918. Later on, the Hindu undivided family business was taken over by a registered firm consisting of the members of the Hindu undivided family as its partners. It is this firm which is the assessee in the present case. The newly constituted firm continued the business under the same name and style, viz., Nihal Chand Kishori Lal. The first assessment of the registered firm was made in the year 1927-28 and continued to be assessed right up to 1950-51, which is t
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