1975 (7) TMI 52

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..... the Tribunal at the instance of the Commissioner of Income-tax under section 66(1) of the Indian Income-tax Act, 1922, runs thus : " Whether, on the facts and in the circumstances of the case, and on a proper construction of the document dated December 1,1957, there was a valid partnership constituted so as to be eligible for registration under section 26A ? " The question relates to proceedin .....

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..... rs that the document was also signed or executed by the minor through his natural guardian and mother, Smt. Sayarbai. It appears that the document was also signed or excuted by the minor through his natural guardian and mother, Smt. Sayarbai. On an application under section 26A for registration of the partnership for the relevant assessment year, the Income-tax Officer held that the minor was a co .....

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..... nstance of the department, the Tribunal confirmed the view taken by the Appellate Assistant Commissioner. At the instance of the Commissioner of Income-tax, therefore, the aforesaid question has been referred to us for our determination. In view of the Supreme Court judgment in the case of Commissioner of Income-tax v. Shah Mohandas Sadhuram it is clear that the mere fact that the guardian of a .....

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..... art and party of the second part) on certain terms and conditions and they both agreed to do so and the guardian of the minor consented to the same." This recital expressly states that the minor was merely admitted to the benefits of the partnership. Clause (c) of the operative part of the deed, which deals with the shares of the parties in the profits clearly states that Chhaganlal Surajmal wou .....

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..... other and to the minor (party of the third part) admitted to the benefits of the partnership. In view of the aforesaid recital and the aforesaid provisions, which are to be found in the operative part of the documents, it is more than clear that the minor was merely admitted to the benefits of the partnership and was not made a full-fledged partner. The mere fact, therefore, that the document wa .....

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