TMI Blog1988 (11) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... questions for the opinion of this court for the assessment year 1973-74 : "Whether the Tribunal has been in error in law in holding that the assessee-firm was entitled to registration under section 185(1)(a) of the Income-tax Act, 1961 for the assessment year 1973-74 ? " It arises out of the following facts. A partnership deed was drawn up on July 20, 1972, but was brought into effect from Jun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . CIT v. Uttam Kumar Pramod Kumar [1978] 115 ITR. 796, a Full Bench judgment of the Allahabad High Court was cited, whereas, on behalf of the assessee, a decision of this court in Jagadhri Electric Supply and Industrial Co. v. CIT [1987] 166 ITR 143 and decisions of three other High Courts in CIT v. P. M. Syed Mohammed Kannu and Co. [1984] 149 ITR 441 (Ker), Modern Stores v. CIT [1986] 157 ITR 589 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alised and he was a full-fledged partner. Hence, it could not be said that the deed of partnership was not validly constituted." In the case in hand, the minor had attained majority during the accounting year (previous year) and, therefore, could contract to share the profits and losses, even for a small period of 13 days during which he was minor. In Uttam Kumar's case [1978] 115 ITR 796 (All) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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