COMMISSIONER OF INCOME TAX Vs. JAI BHARAT THEATRE

JUDGEMENT

(1.) THE Tribunal, Allahabad under S. 256(1) of the IT Act, 1961 ('the Act') has referred the following question stated to be of law and to arise out of the Tribunal's order dt. 29th April, 1981, passed in IT Appeal No. 192/All/1980 for the opinion of this Court :

(2.) WE have heard Shri Prakash Krishna, the learned standing counsel for the CIT and Shri Shambhu Chopra, the learned counsel for the assessee respondent.

(3.) AS is evident, the controversy in this case is whether the so called firm Jai Bharat Theatre carried on business and was, therefore, a valid partnership firm.