MADHU RANI MEHRA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The Income Tax Appellate Tribunal (hereinafter referred to as the "Tribunal?) by its order dated 16.07.1992 has referred the following questions, which pertain to assessment year 1980-81 for adjudication of this Court.

(2.) The aforementioned questions of law arise for our consideration based on the following relevant facts which are culled out from the orders of the authorities below:

(3.) The Assessee, who is a Petitioner before us, was a partner in a firm being run under the name and style of M/s. Mehrae-Di-Hatti (in short "firm"). The said firm at the relevant point in time consisted of two partners these being: Shri C.L. Mehra and Smt. Madhu Rani Mehra. Each partner held 50% share in the firm. The firm was constituted under the partnership deed dated 01.05.1971. It is pertinent to note that since both the firm as well as Smt Madhu Rani Mehra were assessed to tax, we would be referring to them in judgment as the firm and the individual, by her name.