IMPERIAL AUTOMOBILES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE quest-ion referred to us for our decision by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, is as follows ;

(2.) THE assessee, claiming to be a partnership firm, applied for registration under Section 184 of the Act and claimed that the partnership has been formed with effect from October 1, 1961, and produced the relevant document of partnership before the Income-tax Officer. But, it was found that though the document is purported to have been executed on October 1, 1961, the stamp papers on which the document has been written bore the date October 20, 1961. When this discrepancy was noted, a rectification deed (styled as a codicil) dated January 19, 1965, was executed by the partners to the following effect: