INCOME TAX OFFICER Vs. BIRDHI CHAND GIRDHARI LAL
LAWS(P&H)-1954-3-5
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 10,1954

INCOME-TAX COMMISSIONER, DELHI Appellant
VERSUS
MESSRS. BIRDHI CHAND GIRDHARI LAL. Respondents

JUDGEMENT

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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