INCOME TAX OFFICER Vs. BIRDHI CHAND GIRDHARI LAL
HIGH COURT OF PUNJAB AND HARYANA
INCOME-TAX COMMISSIONER, DELHI
MESSRS. BIRDHI CHAND GIRDHARI LAL.
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KHOSLA, J. -
(1.) 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.;
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