1997 (12) TMI 59

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....NIAN J.-----The assessment year involved in this case is the assessment year 1978-79 and the question that arises for consideration is whether the assessee is a firm and entitled to registration for the assessment year 1978-79 ? The assessee is a firm and for the assessment year 1978-79, the assessee filed a return of income on January 25, 1979, admitting the income of Rs. 20,542. The assessee ....

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....ribunal, the Income-tax Appellate Tribunal following its earlier order in I. T. A. No. 1856 (Mds.) of 1975-76 dated February 17, 1977, held that the status of the assessee should be taken as a firm and was entitled to the benefit of registration. It is against the order of the Appellate Tribunal, the Revenue sought for and obtained the statement of case under the following question of law: "Whe....

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..... This court upheld the view of the Tribunal that the firm was entitled to registration. A similar view was taken by the apex court in Chandrakant Manilal Shah v. CIT [1992] 193 ITR 1, wherein the Supreme Court held that there can be a valid partnership between the karta of the Hindu undivided family and undivided members of the Hindu undivided family with reference to the separate property. Follo....