AMARCHAND PANNALAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference made by the Income Tax Appellate Tribunal, Calcutta, under Section 66(1) of the Income Tax Act, at the instance of the assessee.

(2.) THE assessee claims to be a firm which admittedly had been carrying on business since March, 1946. The firm was registered with the Registrar of Firms, Assam, in March, 1949. It appears that an instrument of partnership was drawn up on 20 -6 -1949 and the statement of the case makes reference to another deed of partnership also, which is dated 16 -2 -51. It is suggested in the statement submitted to us that the Tribunal felt reasons to doubt whether the partnership deed dated 28 -6 -49 was really prepared on that date or was drawn up much later and ante -dated on some old stamp papers.

(3.) I shall therefore now proceed to deal with the question itself. The question as framed appears to be a little, cumbrous but I do not consider it necessary to modify it, in view of what I shall presently indicate. It is gratifying to note that the members of the Tribunal have brought to bear upon their consideration of the point a great deal of forensic learning, but I regret that I do not consider it relevant to examine the various lines of reasoning which appear to have found favour with them.