Skip to content


Meera and Company Vs. Commissioner of Income-tax - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtPunjab and Haryana High Court
Decided On
Case NumberIncome-tax Reference Nos. 43 to 45 of 1978
Judge
Reported in[1987]166ITR76(P& H)
ActsIncome Tax Act, 1961 - Sections 2(31)
AppellantMeera and Company
RespondentCommissioner of Income-tax
Appellant Advocate S.S. Mahajan and; Jagmohan Singh, Advs.
Respondent Advocate Ashok Bhan and; Ajay Mittal, Advs.
Excerpt:
.....passed to the persons concerned, the period of limitation for filing an appeal would commence from the date when the parties concerned acquire knowledge of passing of the said order. - we are answering the questions not on the concession of the assessees and it would, therefore,:be open to them to challenge this judgment as well......of the case, the tribunal was right, in law, in holding that m/s. meera & company is a 'body of individuals' and is assessable as such (ii) whether the tribunal was right in law and on facts of thecase in holding that the assessment for assessment years 1968-69, 1969-70 1970-71, should be made under section 4 read with section 2(31)(v) treating the assessee as a 'body of individuals' (iii) 'whether on the facts and circumstances of the case, the tribunal was justified in law in holding that the income for the period september 16, 1967 to december 31, 1967 (assessment year 1968-69) and for the period june 1, 1969 to june 30, 1969 (assessment year 1970-71) is to be assessed as income of the ' body of individuals ' along with respective assessments ?' 2. the learned counsel for.....
Judgment:

1. The following questions were referred :

'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right, in law, in holding that M/s. Meera & Company is a 'body of individuals' and is assessable as such

(ii) Whether the Tribunal was right in law and on facts of thecase in holding that the assessment for assessment years 1968-69, 1969-70 1970-71, should be made under Section 4 read with Section 2(31)(v) treating the assessee as a 'body of individuals'

(iii) 'Whether on the facts and circumstances of the case, the Tribunal was justified in law in holding that the income for the period September 16, 1967 to December 31, 1967 (assessment year 1968-69) and for the period June 1, 1969 to June 30, 1969 (assessment year 1970-71) is to be assessed as income of the ' body of individuals ' along with respective assessments ?'

2. The learned counsel for the parties are agreed that all the three questions stand concluded against the assessee by a decision of the Division Bench of this court in (Meera & Company v. CIT ). Accordingly, all the three questions are answered in the affirmative, that is, against the assessees and in favour of the Revenue. Learned counsel for the assessees, however, urges that the earlier decision is under challenge in the Supreme Court. We are answering the questions not on the concession of the assessees and it would, therefore,: be open to them to challenge this judgment as well.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //