https://www.taxtmi.com/caselaws?id=49442 Partition of a Hindu undivided family may constitute a change in the persons carrying on a business under the Excess Profits Tax Act where the original business is discontinued, accounts are closed, fresh businesses are formed, and assets and businesses are divided between separate groups. The character of the partition depends on the factual record, including conduct, tax representations, and recognition of partition under income-tax law. Partnerships formed after partition may attract the anti-avoidance provision where their timing, financing, control, treatment as branches, and surrounding evidence establish that avoiding or reducing excess profits tax was the dominant purpose. Evidence-supported factual findings on these matters can determine tax liability in reference proceedings. en-us Thu, 17 Aug 1961 00:00:00 +0530 Fri, 29 Aug 2014 12:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=49442 Partition of a Hindu undivided family may constitute a change in the persons carrying on a business under the Excess Profits Tax Act where the original business is discontinued, accounts are closed, fresh businesses are formed, and assets and businesses are divided between separate groups. The character of the partition depends on the factual record, including conduct, tax representations, and recognition of partition under income-tax law. Partnerships formed after partition may attract the anti-avoidance provision where their timing, financing, control, treatment as branches, and surrounding evidence establish that avoiding or reducing excess profits tax was the dominant purpose. Evidence-supported factual findings on these matters can determine tax liability in reference proceedings. Case-Laws Income Tax Thu, 17 Aug 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49442