COMMISSIONER OF INCOME TAX Vs. DUDUWALA AND COMPANY

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Delhi Bench "A", New Delhi ("the Tribunal" herein), has referred the following question for the opinion of this court:

(2.) THE assessee, M/s. Duduwala & Co., was a registered firm consisting of two partners : (1) Shri Rai Bahadur Rameshwar Nathany, who died on January 18, 1957, and had 12 annas share; and (2) Shri Ram Kumar Agarwal, who had three annas share. One anna share was kept for charity. Shri Rameshwar Nathany was the karta of a Hindu undivided family, which was known as M/s. Baldeo Das Rameshwar and in the firm, he was a representative of the Hindu undivided family up to September 21, 1943. A complete partition of the Hindu undivided family by the court was made on September 21, 1943, by a consent decree. Even after September 21, 1943, Shri Rameshwar Nathany continued as a partner in the firm of M/s. Duduwala & Co. with the same share, in the capacity of the representative of the following five persons, as a partition by metes and bounds of the share of the karta could not be made :

(3.) WE have heard the learned counsel for the Revenue and nobody has appeared on behalf of the assessee-non-petitioner.