| India Army and Police Equipment Factory v. Commissioner of Income-Tax, U.P., 75 I.T.R. 693 |
Illustrates the principle under section 3 of the 1922 Act that tax could be levied either on the firm/association or on the partners/members individually (disjunctive option). |
Cited by the assessee to support the argument that the Income-Tax Officer could not assess the same income twice; the Court noted such cases deal with section 3 of the 1922 Act and are not directly applicable to section 4 of the 1961 Act. |
| Commissioner of Income-Tax v. Murlidhar Jhawar and Puma Ginning and Pressing Factory, 60 I.T.R. 95 |
Dealt with the option under section 3 (1922 Act) to assess partners individually or an unregistered firm collectively, and that once option exercised partners could not be assessed again together. |
Referenced in discussion of the 1922 Act jurisprudence; Court treated it as authority under section 3 (1922 Act) but distinguished its applicability to section 4 (1961 Act). |
| Commissioner of Income-Tax, Kerala v. P.P. Johny and another, 73 I.T.R. 459 |
Case concerning assessments and the ambit of section 3 of the 1922 Act (as cited). |
Listed among earlier decisions dealing with the 1922 Act; the Court observed such cases are not directly applicable to the 1961 Act question before it. |
| Girdhari Lal Laxman Prasad v. Commissioner of Income-tax, U.P., 70 I.T.R. 853 |
Another decision interpreting section 3 of the 1922 Act on option to assess firm or partners. |
Cited with other 1922 Act cases; Court distinguished the facts and legislative provision (section 4 of 1961 Act) in the present case. |
| Commissioner of Income-Tax, U.P. v. Kanpur Coal Syndicate, 53 I.T.R. 225 |
Supreme Court decision holding section 3 of 1922 Act treats association and its individual members as distinct assessable entities and permits taxation of either, but not both (principle against double assessment). |
Referred to as part of the Supreme Court line of authority under the 1922 Act; Court relied on its principles when explaining why earlier jurisprudence under 1922 Act cannot be directly transposed without considering the 1961 Act wording. |
| Hari Om Company v. Commissioner of Income-Tax, U.P., 71 I.T.R. 584 |
Decision under the 1922 Act context about assessments of firms and partners. |
Listed among cases concerning section 3 of the 1922 Act; Court treated these cases as not determinative of the issue under section 4 of the 1961 Act. |
| Joti Prasad Aggarwal and others v. Income-tax Officer, B Ward, Mathura, 37 I.T.R. 107 |
Another decision dealing with assessment issues under earlier law (1922 Act context). |
Included in the catalogue of earlier authority; Court noted such authorities address the 1922 Act and said the ratio is not applicable to the present references under the 1961 Act. |
| Ch. Atchaiah v. Income-tax Officer, Hyderabad, 1976 Tax L.R. 369 |
Held that decisions under the 1922 Act remain applicable under the 1961 Act and that the change in wording did not affect the legal position; suggested no option under 1961 Act but that double assessment should not be permitted. |
The High Court expressly disagreed with Ch. Atchaiah, explaining it could not subscribe to that view and distinguishing the charging language of section 4(1) of the 1961 Act and definition of "person" in section 2(31). |
| Murli Dhar (Murlidhar) Jhawar's case (as cited) |
Supreme Court principle that under section 3 (1922 Act) the tax can be levied either on an association/firm or its members but not both; applied in the context of an unregistered firm/association under the 1922 Act. |
The Court recognized the principle from the Supreme Court under the 1922 Act but held the present case required analysis under the 1961 Act where the charging provision differs. |
| Commissioner of Income-tax, Bihar v. Pure Nichilpur Colliery Company, (1975) 101 ITR 79 |
Dealt with assessment of an unregistered firm and the option under section 183 of the 1961 Act to tax firm or partners; held the officer had option in unregistered firm cases and could not do both. |
The Court held this case concerned an unregistered firm that was genuine and was therefore not relevant to the present references where the firm was held not genuine; it does not assist the petitioner here. |