COMMISSIONER OF INCOME TAX Vs. VRAJLAL DOSHI AND CO

JUDGEMENT

(1.) THE Tribunal has referred to this Court the following question of law under s. 256(1) of the IT Act, 1961 :

(2.) THE facts as found by the Tribunal are as follows :

(3.) IF after the death of one of the partners the legal representative was taken in as a new partner and the firm continued on the same terms and conditions then it might have been called the continuance of the partnership in accordance with the wishes of the partners as embodied in the main partnership deed. But it does not appear that any such esquire was made. The partnership deed has not been annexed or produced before us. The Tribunal has come to a conclusion on the basis of certain provisions of the partnership deed, in particular the recitals. We are of the view that this case should be remanded back to the Tribunal and the Tribunal will examine the two partnership deeds and find out whether the identical terms and conditions were there in both the deeds in respect of the rights and liabilities of the partners in the partnership deeds. After referring to all the terms and conditions of the deeds the Tribunal will decide the case in accordance with law afresh. The parties will, however, he at liberty to adduce evidence and place their respective cases.