RAJULBANDI VENKAIAH RAMAIAH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN compliance with the requisition of the High Court under section 66(2) of the INdian INcome-tax Act, in Civil Petition No. 138 of 1959 dated 27th November, 1961, we state an agreed case and refer it to the High Court. The question of law on which the Tribunal has been directed to state the case is as follow :

(2.) WE shall, therefore, confine ourselves, as far as possible, to the facts relevant to that question.

(3.) THE Income-tax Officer refused registration on the ground : (i) that the firm which seeks to have itself registered has not come into existence on the basis of a proper deed of partnership; (ii) there was contradiction between the first and second parts of clause 12 of the partnership deed as regards apportionment of profits and (iii) that the facts of the case showed that there was no genuine partnership.