9911796707
TMI Blog1970 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... aw 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 ? " The answer to this question is now furnished by the decision of the Supreme Court in Murlidhar Himatsingka v. Commissioner of Income-tax. On facts, the present case is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturn 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-partnership under section 26A of the Income-tax Act, 1922. The Income-tax Officer, when the assessment proceedings came before him, felt that the sub-partnership had been entered int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion 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 Appellate Assistant Commissioner that if the partnership was genuine it was entitled to registration, its registration was ordered under section 26A of the Act. The department wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 recorded above, we answer the question referred in the affirmative, that is, in favour of the assessee. There will be no order as to costs.
Question answered in the affirmative X X X X Extracts X X X X X X X X Extracts X X X X
|
