1946 (4) TMI 27

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....s are very short and may be stated thus :- A certain Hindu undivided family which was assessed in respect of its income from property became divided in the previous year relevant to the assessment year 1941-42. The Income-tax Officer made an enquiry into the fact of partition in accordance with the provisions of Section 25A of the Income-tax Act and he held that there was a partition ....

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....p;(3) of the Income-tax Act ?" The material part of that section runs thus :- "Where any business, profession or vocation on which tax was at any time charged under the provisions of the Indian Income-tax Act, 1918, is discontinued, then...... no tax shall be payable in respect of the income, profits and gains of the period between the end of the previous year and the da....

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....nal and the Income-tax authorities is perfectly correct and, indeed, no other view was possible upon the language of the statute. It has been contended that it would be anomalous to hold that while relief is granted to persons who carried on business, profession or vocation which attracted the provisions of the Income-tax Act, 1918, the legislature should not have granted under that Act. In o....

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.... under a different head from "profits and gains of business, profession or vocation." The method of computation of income from property has been laid down in Section 9, while that for the computation of income from business, profession or vocation has been described in Section 10. From this it is clear that the expression "business, profession or vocation" used in Section 25 (3....