https://www.taxtmi.com/caselaws?id=7274 Under the Income-tax Act, 1922, a firm and its partners were treated as distinct assessable entities, so the taxing authority had to choose one unit for charging the firm's profits. Once the same share income had already been assessed in the individual hands of some partners, a later assessment of those profits in the hands of the unregistered firm was not permissible. Section 35 did not authorise a second charge to tax on the same income, and section 35(5) operated only as a machinery provision for adjusting the partner's share after the firm's assessment. Taxation of the same profits twice was therefore not lawful. en-us Mon, 11 Mar 1968 00:00:00 +0530 Mon, 16 Feb 2009 18:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7274 Under the Income-tax Act, 1922, a firm and its partners were treated as distinct assessable entities, so the taxing authority had to choose one unit for charging the firm's profits. Once the same share income had already been assessed in the individual hands of some partners, a later assessment of those profits in the hands of the unregistered firm was not permissible. Section 35 did not authorise a second charge to tax on the same income, and section 35(5) operated only as a machinery provision for adjusting the partner's share after the firm's assessment. Taxation of the same profits twice was therefore not lawful. Case-Laws Income Tax Mon, 11 Mar 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7274