MANGALCHAND MOHANLAL Vs. STATE OF U P

JUDGEMENT

(1.) THE question referred to us by the Income-tax Appellate Tribunal under Section 66(1) of the Indian Income-tax Act is as follows:

(2.) IT is difficult to understand how this question arose and why it was referred to us for answer.

(3.) ON a consideration of these facts the Tribunal came to the finding that Amarnath and Dina Nath had entered into a new partnership not in their individual capacity but on behalf of the Hindu undivided family business of Kedar Nath Ram Bharosey whose funds they passed on to the new business. This clearly is a finding of fact and it is not suggested that this finding was not based on evidence.