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    <title>1958 (6) TMI 6 - KERALA HIGH COURT</title>
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    <description>A finding that a business was assessable as an association of persons requires legal evidence of a real joint venture, common volition, or conduct showing members associated to earn income. Materials drawn from earlier proceedings, especially untested statements and evidence to which the assessee had no proper opportunity to respond, cannot by themselves sustain that status. The Tribunal&#039;s reliance on inadmissible or conjectural material was therefore insufficient in law, and the assessment on the basis of association of persons was not valid.</description>
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      <description>A finding that a business was assessable as an association of persons requires legal evidence of a real joint venture, common volition, or conduct showing members associated to earn income. Materials drawn from earlier proceedings, especially untested statements and evidence to which the assessee had no proper opportunity to respond, cannot by themselves sustain that status. The Tribunal&#039;s reliance on inadmissible or conjectural material was therefore insufficient in law, and the assessment on the basis of association of persons was not valid.</description>
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