1986 (11) TMI 106

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....n of the ld. AAC in upholding the action of the ITO by treating the firm as unregistered firm, although the assessment of the partners have been completed by taking their share of profits in the firm as registered firm is illegal, arbitrary, unwarranted, uncalled for and against the facts and circumstances of the case. 2. "The action of the ld. AAC in not annuling the assessment order of the fi....

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....n the decision of the Gujarat High Court in the case of Laxmichand Hirjibhai vs. CIT (1981) 21 CTR (Guj) 181 : (1981) 128 ITR 747 (Guj), the Patna High Court in the case of CIT vs. Pure Nichitpur Colliery Co. (1975) 101 ITR 79 (Pat) and Madras High Court in the case of CIT vs. Blue Mountain Engg. Corpn. reported in (1978) TLR 547 (Mad). Reference was also made to certain other decisions ofBombayan....

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....t of the firm the inclusion in the hands of the partners Shri Bishan Dass was without mentioning this fact. It was submitted that in view of the decision of the Supreme Court in the case of Murlidhar Jhawar and the other cases relied before the AAC, the status of the firm could not be an unregistered firm. According to the ld. counsel the ITO has opted to assess the partners instead of the firm an....

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....artners is assessable in respect of his income in accordance with the provisions of law. Their Lordships of Delhi High Court held that the decision in the case of CIT vs. Murlidhar Jhawar (1966) 60 ITR 95 (SC) was not applicable under the new Act. They dissented from the decision of the Andhra Predesh High Court in the case of Ch. Atchaiah vs. ITO (1979) 116 ITR 675 (AP). In view of the above, the....