1970 (3) TMI 1

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....eferred the following question of law for our determination : " Whether the sub-partnership constituted under the deed of partnership dated the 16th October, 1954, is a valid partnership entitled to registration under section 26A of the Income-tax Act, 1922 ? " The answer to this question is now furnished by the decision of the Supreme Court in Murlidhar Himatsingka v. Commissioner of Income....

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.... of Firms. The sub-partnership filed a return of income showing the income of the company representing the share of R. B, Jodhamal as the share of the partners in the sub-partnership. Along with the return an application was made for registration of the sub-partnership under section 26A of the Income-tax Act, 1922. The Income-tax Officer, when the assessment proceedings came before him, felt that ....

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....al was preferred by the department. The only question that was mooted before the Tribunal was whether the partnership was genuine or not ? The Tribunal came to the conclusion that the partnership was genuine, and, accordingly, in view of the conclusion reached by the Appellate Assistant Commissioner that if the partnership was genuine it was entitled to registration, its registration was ordered u....