2004 (2) TMI 19

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.... J. - This is a reference filed by the Revenue under section 256(2) of the Income-tax Act, 1961. The facts very briefly are that the assessee/non-applicant filed a return for the year 1987-88 on a total income of Rs. 1,82,530 claiming the status of firm. Tine Assessing Officer in the assessment proceedings under section 185(1)(b)of the Income-tax Act, 1961, treated the firm to be unregistered f....

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.... of the case, the Tribunal was justified in law to uphold the order of the Commissioner of Income-tax (Appeals) allowing registration to the appellant firm without appreciating the facts that profit was not distributed in accordance with clause 4 of the partnership deed?" The appellate authority has considered the whole aspect and has given its finding at para. 7 which reads as follows: "I h....

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....iteral English translation of the order of the learned judge, it is apparent from his order that both the parties were contesting that they were owners of goodwill and trade-mark. It has to be noted here that the order of the learned judge is an interim order and the suit is still pending before the court for final decision." The order of the Tribunal at annexure P3 clearly indicates that the part....

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....d the appeal. A larger question that arises for consideration is whether a factual finding can be interfered with in the present income-tax reference. We are of the view that the factual position affirmed by the appellate authority and by the Tribunal does not call for interference at our hands. In CIT v. Agrawti Refrigeration [1994] 210 ITR 215, the Allahabad High Court held that if the Tri....