1985 (10) TMI 22

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..... on of the firm, M/s. Mittal Engineering Co., for the assessment year 1973-74 on the basis of the partnership deed dated September 24, 1972. The firm consisted of seven members two of whom were minors and two were ladies. The minors were stated to have been admitted to the benefits of the partnership and the ladies were described as sleeping partners. Both these sets of partners neither contributed .....

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..... e case, the Appellate Tribunal has misdirected itself in law in holding that though admittedly the lady partners and the minors admitted to the benefits of the partnership had made no capital investment in the firm nor had they made any contribution of skill or labour, there was a valid partnership dated September 24, 1972 ? 2. Whether, on the facts and in the circumstances of the case, the Appel .....

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..... So far as question No. 2 is concerned, the Tribunal held that Explanation to section 185(1) of the Act was not attracted as the said partners were not proved to be benamidars of Nikka Ram. The finding is thus based on a pure question of fact and does not involve the determination of any question of law. The third question admittedly is only a consequential one and dependent on the answer to que .....

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