1981 (3) TMI 103

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....n the status of AOP for the asst. yr. 1966-67. According to the ITO, Shri Biharilal Mulchand Rohara alongwith four other entered into venture for purchasing and selling a piece of land. It was admitted, according to the ITO, by Shri Gokhldas Tokomal, Shri Mulchand Gumanmal and Shri Chinmal Dwarkadas in the statements recorded by the ITO that they entered into the agreement to purchase the land wit....

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.... of the AOP had been separately assessed on their individual shares and that there was no warrant for subsequently seeking to tax the assessee as an AOP. This plea was accepted by the AAC in view of the Calcutta High Court decision 116 ITR 657 (Cal) which held that the ITO cannot seek to assess the same income twice once in the hands of the members individually and then in the hands of the associa....

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..... On the other hands, the assessee pointed out that a majority of the High Court have held that s. 4 of the New Act had made on difference to the principle laid down by the Supreme Court in 60 ITR 95 (SC) in the case of Muralidhar Jhawar and Purna Ginning and Pressing Factory. In particular, the assessee relied upon the Calcutta High Court decision in the case of Ramanlal Madanlal 116 ITR 657 (Cal....