LAWS(RAJ)-1985-7-67

COMMISSIONER OF INCOME TAX Vs. ALISHER CONTRACTORS

Decided On July 15, 1985
COMMISSIONER OF INCOME-TAX Appellant
V/S
ALISHER CONTRACTORS Respondents

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as "the Tribunal"), has referred the following questions for our opinion :

(2.) THE assessee (non-petitioner) is a registered firm. THE assessment year in question is 1973-74. It filed its return declaring an income of Rs. 35,140. Alisher and Bhanwar Singh took excise contract of country liquor for Bhadra for the period May 1, 1972, to March 31, 1973. Alisher had not sufficient finances and as such he entered into a sub-partnership agreement with one Shafi Mohd., contractor. THE partnership agreement dated October 12, 1972, has been submitted as annexure A. Relevant portion of that agreement reads as under :

(3.) FURTHER appeal was taken by the Commissioner of Income-tax before the Tribunal. It dismissed the appeal. It will be pertinent to excerpt the following from the order of the Tribunal dated April 27, 1977 :