Facts
Reasoning
Decision
Income-tax Commissioner
v.
Messrs. Birdhi Chand Girdhari Lal
(High Court Of Punjab And Haryana)
Income Tax Reference No. 26 of 1952 | 10-03-1954
KHOSLA, J. - This matter is concluded by two Division Bench decisions of this Court, Kalsi Mechanical Works, Nandpur v. Commissioner of Income Tax, Simla and Messrs. Padam Parshad Rattan Chand of Delhi v. Commissioner of Income Tax. It has been held in both these cases that where an oral partnership is alleged to have come into existence and this oral partnership was followed by a partnership deed executed after the accounting period the partnership cannot be registered as having taken place before and during the accounting year. The partnership is not in such cases entitled to registration under section 26A.
We accordingly answer the reference in these terms. The respondent will pay costs which we assess at Rs. 150.
KAPUR, J. - I agree.
Reference answered accordingly.
Advocates List
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE KHOSLA, J
HON'BLE JUSTICE KAPUR
Eq Citation
[1955] 28 ITR 280
LQ/PunjHC/1954/11
HeadNote
Income Tax Act, 1961 — S. 26A — Partnership — Registration of — Partnership deed executed after accounting period — Held, oral partnership followed by a partnership deed executed after accounting period cannot be registered as having taken place before and during accounting year
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