1996 (9) TMI 71

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....y this petition under article 226 of the Constitution of India, the petitioner, a partnership firm, registered under the Income-tax Act, 1961 (hereinafter referred to as " the Act "), challenges a notice dated February 3, 1982, a copy of which is annexure " 15 " to the writ petition, issued by the Assessing Officer, namely, the Income-tax Officer, Budaum, under section 185 of the Act requiring the....

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....d there was reason to believe that Arvind Kumar Gupta was benamidar of Virendra Pal Gupta. The petitioner filed this writ petition and by an order dated March 17, 1982, this court stayed further proceedings in pursuance of the impugned notice dated February 3, 1982. No counter-affidavit has been filed. A supplementary affidavit was filed by the petitioner annexing therewith a copy of the Tri....

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....it be assumed that the father provided the funds to the son for investment as his capital in the partnership firm, it cannot be assumed that the son is a benamidar of the father. For holding the son to be a benamidar, several other things would have had to be shown to establish that the father was the real recipient of the income from the partnership firm. The impugned notice does not indicate any....