1985 (10) TMI 35

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....essee, M/s. Bhag Mal Charanji Lal, is a Hindu undivided family concern. Darshan Kumar, one of the coparceners, entered into partnership agreement on May 1, 1967, with one Pashupati Nath to carry on business in sale of petroleum products, under the firm name Darshan Kumar and Co. The amounts of Rs. 905 and Rs. 10,413 received by way of profits from the said concern for the assessment years 1968-69 ....

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....the investment/realisation of funds of the joint family in M/s. Darshan Kumar & Co. ? (b) Whether there was any nexus between the starting of the firm M/s. Darshan Kumar and Co., Jaitu, and investment of the appellant family funds in the said firm ? (c) Whether the income received by Shri Darshan Kumar from M/s. Darshan Kumar & Co., Jaitu, is his individual income or assessable in the hands ....

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....tition under section 256(2) of the Act ? The answer to all the questions framed depends on the basic question of fact as to whether Darshan Kumar entered into partnership in his individual capacity or as a coparcener representing the Hindu undivided family. The Tribunal, after taking into consideration the various facts and circumstances, held that he entered into partnership not in his individ....