The Business Profits Act, 1947.
9. Aggregation of profits in certain cases.-
Where an individual is entitled to profits arising from more than one business, of which at least one is carried on by a firm in which he is a partner, the income-tax Officer may, with the prior sanction of the Inspecting assistant Commissioner of Income- tax, aggregate the shares of such individual in the profits or losses of all of such business and treat the sum of such aggregation as the profits of a business carried on by such individual and assess him accordingly:
Provided that if the accounting periods of such businesses are not co-terminus, the Income-tax Officer shall determine in respect of such individual his chargeable accounting period and shall make such divisions, apportionments and aggregation of the shares of such individual in the profits or losses of the several businesses as may be necessary to determine for such chargeable accounting period the total profits and gains of such individual there from:
Provided further that for the purposes of this section, a company, which is
neither one in which the public are substantially
interested, as defined in the Explanation to sub-section (1) of section 23A of
the Indian Income-tax Act, 1922, nor a subsidiary company as defined in
sub-section (4) of section 8 of this Act, shall be deemed to be a firm in which
the persons having an interest in the company are
partners or, in the case of a sole- shareholder, a business carried on by that
sole-shareholder, and the profits of such company shall be computed accordingly:
Provided further that any profits or losses so aggregated for assessment upon an individual shall be excluded from the profits or losses of the respective businesses for the purposes of this Act; and no assessment under this act shall be made in respect of any such business save in the names of the other partners therein.