2002 (8) TMI 20

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....1961, the Tribunal has referred the following question for our opinion: "Whether, on the facts and circumstances of the case, the Tribunal was right in coming to the conclusion that the firm was not a genuine one on the strength of the statement made by the lady partner?" The assessee-firm was formed by means of partnership deed dated July 21, 1980, and the shares of the partners, the ratio ....

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....and the Income-tax Officer. Mr. Sharma, learned counsel for the assessee, submits that if we read the statement of Smt. Meena Ramchand as a whole, it cannot be said that the partnership is not genuine. She knows about her share, capital contribution and shares of the other partners, therefore, it cannot be said that she is not a genuine partner in the partnership firm. Mr. Sharma, further submi....

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.... [1982] 137 ITR 274 (MP), the Tribunal has confirmed the view taken by the Appellate Assistant Commissioner that the firm is not a genuine one. Whether the firm is genuine or not, is based on the finding of facts. All the three authorities, i.e., the Income-tax Officer, the Appellate Assistant Commissioner and the Tribunal, have found that the firm is not a genuine one. After considering the co....

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....the cross-examinations made by learned counsel for the assessee, when a question was put to her whether the partnership deed had been read over to her or whether she read it before signing the deed, her reply was no. Then again a question was put to her, whether still you confirmed that no documents or papers were signed by you with regard to partnership firm. Her reply was that many times her hus....