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TMI Blog1987 (6) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... dent is the Revenue. We are concerned with the assessment year 1977-78. In this original petition, filed under section 256(2) of the Income-tax Act, the petitioner prays that the Income-tax Appellate Tribunal may be directed to refer certain questions of law formulated in para 4 of the original petition for the decision of this court. They are as follows: " (1) Whether, on the facts and in the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a deed of partnership dated January 28, 1975. The assessment was completed in the status of an " association of persons ". The income assessed comprised of income from property. The dispute is with regard to the status. According to the petitioner/assessee, the share income is to be computed in the case of each individual and the assessment should not have been made as an association of persons. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is not to be made in the status of an association of persons but the share income is to be computed in the case of each person. The case of the Revenue was that there was no specification in any of the documents relied on by the assessee regarding the extent of the right of each person. The materials available only go to show that the property was jointly owned by the partners. It is not possibl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2, 1984. It was held by the Tribunal that the finding recorded by it is only one of fact and no referable question of law arises out of the order of the Appellate Tribunal. Thereafter, the assessee has filed this original petition under section 256(2) of the Income-tax Act. We have heard counsel for the petitioner as also counsel for the respondent/Revenue. The Appellate Tribunal has found, on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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