https://www.taxtmi.com/caselaws?id=292451 Where a Hindu undivided family has disrupted and, before assessment, its members have constituted a genuine firm, the assessment falls under the succession provision rather than the partition provision. Section 25A of the Income-tax Act, 1922 applies only to mere partition of a Hindu undivided family, while section 26 applies when a firm has come into existence at the time of assessment, whether composed of former family members or strangers. The expressions individual, Hindu undivided family, firm and other association of individuals are mutually exclusive, and a business carried on by a Hindu undivided family may be succeeded by a newly constituted firm. The assessment therefore proceeds on the basis of succession. en-us Thu, 05 May 1938 00:00:00 +0530 Thu, 24 Dec 2020 18:10:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292451 Where a Hindu undivided family has disrupted and, before assessment, its members have constituted a genuine firm, the assessment falls under the succession provision rather than the partition provision. Section 25A of the Income-tax Act, 1922 applies only to mere partition of a Hindu undivided family, while section 26 applies when a firm has come into existence at the time of assessment, whether composed of former family members or strangers. The expressions individual, Hindu undivided family, firm and other association of individuals are mutually exclusive, and a business carried on by a Hindu undivided family may be succeeded by a newly constituted firm. The assessment therefore proceeds on the basis of succession. Case-Laws Income Tax Thu, 05 May 1938 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292451