https://www.taxtmi.com/caselaws?id=49634 Partnership for agricultural income-tax registration must be tested by the true relationship of the parties on the whole of the evidence, not by the label used in the instrument. Where one brother retained ownership and control of the estate, the other had no power to contribute, charge, or deal with capital, and management remained under the senior brother's authority, the arrangement was consistent with a principal-agent or master-servant relationship rather than a genuine partnership. Profit-linked remuneration and the absence of an express loss-sharing clause did not by themselves establish mutuality in business. The document therefore did not create a partnership in law, and refusal of registration was justified. en-us Mon, 24 Nov 1958 00:00:00 +0530 Mon, 16 Aug 2010 16:18:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=49634 Partnership for agricultural income-tax registration must be tested by the true relationship of the parties on the whole of the evidence, not by the label used in the instrument. Where one brother retained ownership and control of the estate, the other had no power to contribute, charge, or deal with capital, and management remained under the senior brother's authority, the arrangement was consistent with a principal-agent or master-servant relationship rather than a genuine partnership. Profit-linked remuneration and the absence of an express loss-sharing clause did not by themselves establish mutuality in business. The document therefore did not create a partnership in law, and refusal of registration was justified. Case-Laws Income Tax Mon, 24 Nov 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=49634