V.P.ELHENCE, K.C.SRIVASTAVA
Bengal Tar Products – Appellant
Versus
Income-tax Officer – Respondent
Per Shri K.C. Srivastava, Accountant Member - these appeals by the assessee-company are directed against the orders of the CIT (Appeals) upholding imposition of penalties under section 271(1)(c) of the Income-tax Act for the assessment years 1956-57 to 1963-64. The basic facts relating to all these appeals are common and common arguments have been advanced before us in respect of all of them. We, therefore, proceed to dispose. of these appeals by this common order.
2. The assessee firm came into existence in 1955 with four partners, namely, Shri K. C. Agarwal, Shri J.P. Agarwal, Shri H. K. Agarwal and Shri B. K. Agarwal, On 13-1-1958 one more partner Shri D. N. Agarwal joined this firm but be retired on 28-8-1961. On 19-8-1969 two of the partners Shri H. K. Agarwal and Shri B.K. Agarwal retired and two partners constituted the firm which continued the business up to 21-5-1971 when Shri J.P. Agarwal died. On his death the firm was dissolved. Thus these are penalty orders passed on a dissolved firm. In fact the assessments on the basis of which the penalties have been imposed were also made on the dissolved firm.
3. This firm was being assessed in Calcutta. The original assessment
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