TMI Blog1970 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... :- 5-3-1970 - Judge(s) : S. S. SANDHAWALIA., D. K. MAHAJAN. JUDGMENT The Income-tax Appellate Tribunal, Delhi Bench " B ", has referred the following question of law for our determination : " Whether the sub-partnership constituted under the deed of partnership dated the 16th October, 1954, is a valid partnership entitled to registration under section 26A of the Income-tax Act, 1922 ? " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest held by R. B. Jodhamal in the company. This new firm was duly registered with the Registrar of Assurances and the Registrar of Firms. The sub-partnership filed a return of income showing the income of the company representing the share of R. B, Jodhamal as the share of the partners in the sub-partnership. Along with the return an application was made for registration of the sub-partnersh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act. Against the decision of the Appellate Assistant Commissioner, the assessee preferred an appeal to the Tribunal. No appeal was preferred by the department. The only question that was mooted before the Tribunal was whether the partnership was genuine or not ? The Tribunal came to the conclusion that the partnership was genuine, and, accordingly, in view of the conclusion reached by the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The only other matter which has been agitated by Mr. Awasthy is that in fact the sub-partnership is nothing but an alienation of income by R. B. Jodhamal. This contention was not advanced before the Tribunal and it does not also arise out of the order of the Tribunal and, therefore, the learned counsel cannot be permitted to agitate the same in view of section 66 of the Act. For the reasons reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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