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    <title>1981 (5) TMI 4 - CALCUTTA High Court</title>
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    <description>Reassessment of the same income in the correct status of an unregistered firm was held permissible where earlier assessments on the basis of a trust and beneficiaries were unsustainable. The court applied the principle that the bar against double taxation does not arise unless two valid assessments simultaneously survive; once the earlier assessment is found to have proceeded on a wrong or ineffective basis, fresh assessment in the proper hands is not prevented. Reopening under section 147(b) of the Income-tax Act, 1961 was therefore valid because the firm had not been taxed in its correct capacity and the prior assessment had ceased to have operative effect.</description>
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    <pubDate>Wed, 13 May 1981 00:00:00 +0530</pubDate>
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      <title>1981 (5) TMI 4 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=29307</link>
      <description>Reassessment of the same income in the correct status of an unregistered firm was held permissible where earlier assessments on the basis of a trust and beneficiaries were unsustainable. The court applied the principle that the bar against double taxation does not arise unless two valid assessments simultaneously survive; once the earlier assessment is found to have proceeded on a wrong or ineffective basis, fresh assessment in the proper hands is not prevented. Reopening under section 147(b) of the Income-tax Act, 1961 was therefore valid because the firm had not been taxed in its correct capacity and the prior assessment had ceased to have operative effect.</description>
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      <pubDate>Wed, 13 May 1981 00:00:00 +0530</pubDate>
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