1988 (1) TMI 18

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....of the assessee, the following question of law has been referred to this court for its opinion by the Tribunal under section 256(1) of the Income-tax Act, 1961, for the assessment year 1976-77 : " Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in upholding the orders of the authorities below refusing registration to the assessee-firm ? " Originall....

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....partner in a business carried on by the karta of the Hindu undivided family, unless he had separated and was the owner of separate property. He also upheld the finding of the Income-tax Officer that no genuine firm had come into existence. On appeal, the Tribunal upheld the conclusion of the authorities below and rejected the appeal. Thereafter, the assessee filed an application for rectification ....

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....al considering all aspects-High Court not justified in going into the facts. It may be mentioned here that this court had taken a contrary view in CIT v. Ratanchand Darbarilal [1975] 100 ITR 258, which has been reversed by the Supreme Court in the aforesaid decision, that the High Court has jurisdiction to interfere with the findings of the Tribunal that a genuine firm had come into existence. In ....