| Case ID |
0451e598-d2cd-4e3d-b91f-596eded9c38e |
| Body |
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| Case Number |
IT REFERENCE No. 369 OF 1971 |
| Decision Date |
Feb 01, 1973 |
| Hearing Date |
|
| Decision |
The Tribunal concluded that the partnership deed was executed on November 1, 1965, and not on October 25, 1965, which was a typographical error. The Tribunal affirmed that the partnership was genuine and had been recognized as such in subsequent years. Consequently, the refusal of registration by the Income Tax Officer was deemed incorrect. The findings of the Tribunal were upheld, emphasizing that factual determinations regarding the authenticity of the partnership deed and the date of execution could not be challenged unless proven to be perverse or lacking material support. The case ultimately favored the assessee, allowing for the registration of the firm under the relevant provisions of the Income-tax Act. |
| Summary |
This case revolves around the registration of a partnership firm under the Income-tax Act of 1961, specifically section 185, which governs the registration of firms. The key issue was whether a typing error in the partnership deed regarding the date of execution would invalidate the partnership agreement. The Tribunal found that the deed was actually executed on November 1, 1965, despite the error indicating October 25, 1965. This determination was crucial in affirming the genuineness of the partnership. The ruling highlighted the importance of factual findings in tax law and the deference given to Tribunal decisions unless they lack evidentiary support or are deemed unreasonable. This case serves as a significant reference for similar disputes in partnership registration and tax law. |
| Court |
Allahabad High Court
|
| Entities Involved |
Not available
|
| Judges |
R.L. Gulati,
C.S.P. SPTGH
|
| Lawyers |
Dr. R.R. Misra,
P.N. Pachauri
|
| Petitioners |
Commissioner of Income Tax
|
| Respondents |
Basarmal Ratan Dass
|
| Citations |
1974 SLD 592,
(1974) 96 ITR 331
|
| Other Citations |
Not available
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
185
|