Law: Income Tax Act, 1961

Section: 148

(a) Income tax---Association of persons Joint venture of purchase of land and construction of a cinema theatre No specification of share or of invest¬ment or expenditure Intention of common management or use of property evident from records Cinema theatre leased out Income from lease, assessable in status of association of persons Originally assessments made in status of individuals Reassessment as Association of persons was valid in law. (b) Income tax Income from other sources Cinema theatre leased out under separate lease deeds in respect of building and of furniture and fixtures, etc. Leases inseparable and composite Income from leases, held, assessable under head income from other sources. Rama Devi Agarwalla v . C . I . T . (1969) 117 1 T R 256 (Cal.) distinguished. Murgesan (G.) & Brothers v. C.I.T. (1973) 88 I T R 432 (S C) and Sultan Brothers P. Ltd. v. C.I.T. (1964) 51 I T R 353 (S C) ref. JUDGMENT SATISH CHANDRA, C.J. This reference relates to the assessment years 1959 60 to 1965 66 It appears that for the aforesaid assessment years, M . K . Dar was assessed to income tax in the status of an individual in respect of a half share of the income from Jeewan Cinema. Similarly, P.K. Dar and R. K. Dar were assessed to income tax as individuals for the aforesaid years in respect of their 1/4th share each of that income. Subsequently on March 5, 1966, the I.T.O., Special Survey i Circle, Agra, issued notices under section 148 of the I.T. Act, in respect of these years seeking to assess them in the status of an "association of persons" in respect of the income from Jeewan Cinema. The assessee contested the matter. The I.T.O., however, repelled their objections and assessed them in the status of an "association of persons". The assesses went up in appeal. The A . A . C . by order of April 30, 1969, annulled the assessments on the ground that when individual members had already been assessed on their individual shares, the same income could not be assessed as an "association of persons". It appears that the notices were challenge by the assessee by way of writ petitions in this Court (being Writ Petition No.1294 of 1966, connected with Writ Petitions Nos.…

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