1983 (1) TMI 16

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....A J.-This reference is at the instance of the assessee in which the following three questions have been referred: " (1) Whether, on the facts and in the circumstances of the case, notice under section 148 of the Income-tax Act, 1961, is bad in law and without jurisdiction ? (2) Whether, on the facts and in the circumstances of the case, and considering the agreement of partial partition and ....

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....the major members of the HUF that the interest of the HUF in the firm of M/s. Sonasao Rukhabsao and Company should be partitioned and each of the members of the family would get one-fifth share and Shantikumar would continue to be in the firm as partner and profit and loss of every year would be apportioned amongst the members of the family equally in the books of the HUF. By an order under s. ....

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....e agreement that Shantikumar shall continue to be a partner in the said firm and profit and loss of every year shall be apportioned amongst the members of the family equally in the books of the HUF, in the context of the whole agreement, cannot even remotely suggest the intention to have a unity of purpose. Similarly, it is difficult to see how non-intimation to the partnership is circumstance aga....