1984 (9) TMI 20

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....ppellate order of the Income-tax Appellate Tribunal, Delhi Bench " B ", Delhi, in regard to the assessment years 1973-74 and 1974-75, the Commissioner made applications before the said Tribunal under s. 256(1) of the I.T. Act, 1961 (hereinafter referred to as " the Act "), for referring the following question of law to this court for its opinion: " Whether, on the facts and in the circumstances....

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....arise in any of these two cases from the appellate order of the Tribunal. In CIT v. Indira Balkrishna [1960] 39 ITR 546, it was held by the Supreme Court that the word " associate " means " to join in common purpose, or to join in an action". Therefore, " association of persons ", as used in s. 4 of the I.T. Act, means an association in which two or more persons join in a common purpose or common ....

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....lls have joined together in a common purpose or in a common action, the object of which is to produce income, profits and gains or they come together as an association of persons for a common cause or that there was any unity for some common tie or occupation. That being the position, the assessee mills through the receiver could not be taxed in the years under consideration in the status of an 'a....