1997 (9) TMI 63

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....g question relating to the assessment year 1976-77 for the opinion of this court : "Whether, on the facts and in the circumstances of the case and on the proper interpretation of clauses 9 and 10 of the instrument of partnership, the Appellate Tribunal was justified in law in holding that the assessee-firm was entitled to registration and in directing the Income-tax Officer to register the asse....

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.... the partners according to their shares as defined in clause 14 below. 10. That save as above, no partner shall be authorised to do any other business on his own account, unless the other partners agree to it and allow him to do the same." From a reading of the aforesaid clauses, the Assessing Officer was of the view that no partner was permitted to carry on any contract work in his own name....

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....ntract from the M. E. S. in his own name and declared the income thereof in his own return. From a conjoint reading of clauses 9 and 10 of the partnership deed dated August 1, 1964, it clearly appears that no partner was permitted to carry on any other business on his own account except with the consent of other partners. The Appellate Tribunal found that from the facts and circumstances of the....