1977 (1) TMI 48

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....of Income Tax, Bombay City-VIII, Bombay, requires the appellate Tribunal to refer a question of law said to arise out of the order of the Tribunal, dt. 10th March, 1976 in ITA. No 842 (Bom)/75-56 to the High Court of Judicature at Bombay. Inasmuch as, in our opinion, no referable question of law arises out of the aforesaid order of the Tribunal, we hereby decline to draw up a statement of the case....

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....rtner in the firm known as Maharashtra Industries, Bombay. Vide agreement also dated 9th April, 1970, the assessee retired from the said firm also. He was paid, besides other amount standing to his capital account, a sum of Rs. 14,000 representing the value of his share in the goodwill of that firm and its various assets. The other partners of the said firm came to constitute the said partnership ....

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.... 5. CIT vs. B.C.Srinivasa Setty,(5) 4. Aggrieved by the said order, the Revenue brought the matter by way of appeal before the Tribunal. It after hearing both the Departmental Representative and the representative for the assessee, following the aforesaid High Court decisions and earlier decisions referred to in paragraph and its order, has upheld the order of the AAC on the point. 5. Accor....

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.... when the appeal came up for hearing it was dismissed by the Supreme Court as not pressed. From this their Lordships of the Karnataka High Court drew the inference that it (the Department) had accepted the ratio of the decision in Ratnam Nadar's(1) case as laying down the correct law more so when it had not preferred appeals against the aforesaid judgements of the Calcutta and Kerala High Courts. ....