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Issues: Whether the assessee-firm was a genuine partnership entitled to registration under section 185(1)(a) of the Income-tax Act, 1961.
Analysis: The partnership deed, read as a whole, showed that the partners had agreed to share profits and losses in a definite manner. Restrictions placed on one partner, including limits on capital contribution, banking operations, and management powers, were treated as internal arrangements and did not negate the existence of partnership. The Court applied the settled principle that a partnership depends on the real nature of the relationship and the element of mutual agency, not on labels such as paid partner or salaried partner. The Court also noted that the partner in question had been recognised as a partner in earlier years and that registration cannot be refused on mere suspicion.
Conclusion: The assessee-firm was held to be a genuine partnership and entitled to registration.