1966 (11) TMI 13

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....tion 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act). The question referred is : "Whether, on the facts and in the circumstances of the case, the assessments made on the firm for the assessment years 1953-54 and 1954-55 after its dissolution without issuing separate notices to all the partners of the defunct firm is bad in law ?" The material facts are these : T....

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....iled on 26th February, 1953, but no application was filed for 1954-55. For the assessment year 1953-54, notices under sections 22(3) and 23(2) of the Act were issued to the address of Messrs. Nand Kishore Sita Ram but were not complied and the assessment was completed on March 27, 1958, in the name of Messrs. Nand Kishore Sita Ram under section 23(4) of the Act. Applications for reopening the asse....

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....n referred now stands concluded by three decisions of the Supreme Court. In C. A. Abraham v. Commissioner of Income-tax it was held, applying the provisions of section 44 of the Act, "that the assessment proceedings may be commenced and continued against a firm of which business is discontinued as if discontinuance has not taken place. It is enacted manifestly with a view to ensure continuity in t....