1972 (6) TMI 8

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....ct and claimed that the partnership has been formed with effect from October 1, 1961, and produced the relevant document of partnership before the Income-tax Officer. But, it was found that though the document is purported to have been executed on October 1, 1961, the stamp papers on which the document has been written bore the date October 20, 1961. When this discrepancy was noted, a rectification deed (styled as a codicil) dated January 19, 1965, was executed by the partners to the following effect : " Whereas it has now been brought to our notice that we have attested the partnership deed under date October 1, 1961, while the stamp paper for the partnership deed was purchased on October 20, 1961, it has become necessary to clarify the....

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....ion as to whether a partnership was genuinely constituted or not. On appeal, the Appellate Tribunal also took the same view. The Appellate Tribunal, without going into the question as to whether there was a genuine partnership constituted as contended by the assessee as per the partnership deed, proceeded to consider whether there was a valid partnership deed. After referring to the inconsistency in the dates of execution as well as the date of the stamp papers, it proceeded to hold that the partnership is invalid as the execution of the document could not have preceded the purchase of the stamp papers on which the document has been written. It specifically stated in more than one place that the question of genuineness or otherwise of the p....