M.C.DESAI,C.J. - (1.) THE Tribunal, Allahabad Bench, has, at the instance of the CIT, U.P., submitted this statement of a case inviting this Court's answers to the following questions : "1. Whether, on proper interpretation of the agreements and documents constituting the firm of Musaddilal and Sons, Sri Kishan and Sons, Ramanand Ram Kishan, Radheylal and Sons, Kailash Brothers and Motilal and Sons and also the deed dated November 17, 1952, governing the assessee firm, Musaddilal, Sri Kishan, Ajodhia Prasad, Radhey Lal, Kailash Nath and Amar Nath, Motilal were partners in the assessee -firm in their individual capacities or in their representative capacities of those firms ? 2. Whether, in law, there was a sub -partnership between the partners of the assessee -firm and the partners of the firms mentioned above ? 3. Whether on the facts and in the circumstances of the case the application signed by the individual partners for renewal of registration of the assessee firm for 1954 -55 and 1955 -56, omplied with the provisions of S. 26A of the IT Act. ?"
(2.) THE assessee is a firm styled M/s Roopnarain Ramchandra carrying on business in Kanpur. The firm was constituted under a deed of partnership, dated November 17, 1952, and the ostensible partners, i.e., partners according to it, are 8, they being Musaddilal, Sri Kishan, Ajodhia Prasad, Radhey Lal, Kailash Nath, Amar Nath, Moti Chand and Sarwan Lal. A minor, Kishan Chand, has been admitted to the benefits of the partnership. The firm Roopnarain Ramchandra came into existence for the first time on July 6, 1923, its partners and their shares then being :
(3.) SUBSEQUENTLY , Roop Narain died leaving his son Ram Chandra and Ram Nath also died. On March 28, 1945, a new partnership deed was executed for constitution of the firm and its partners and their shares were :;