1984 (7) TMI 6 - HC - Income Tax

Summary

Issues Involved:

1. Whether Smt. Gyan Devi was a partner in the appellant firm and if a firm came into being as a result of the partnership deed dated November 14, 1967.
2. Whether the Tribunal was justified in refusing to grant registration and according status of association of persons to the appellant firm.
3. Whether the Tribunal had material and evidence to hold that Smt. Gyan Devi did not consent u/s 13 of the Contract Act to become a partner and the appellant firm did not exist u/s 6 of the Indian Partnership Act.
4. Whether the appellant could be subsequently assessed as an association of persons despite the individual assessment of the partners.
5. Whether there was any evidence to support the finding that Smt. Gyan Devi was not a partner and the partnership evidenced by the deed dated November 14, 1967, was not genuine.
6. Whether the Tribunal was correct in considering and basing their decision on the statements recorded by the Inspector.

Summary:

Issue 1:
The Tribunal held that Smt. Gyan Devi was not a partner in the appellant firm and no firm came into being as a result of the partnership deed dated November 14, 1967. However, the High Court found that the Tribunal had no material to support this conclusion. The partnership deed was registered, and the accounts showed that Smt. Gyan Devi's share of profit was credited to her account. The High Court noted that the same partnership deed and accounts were accepted for subsequent years. Therefore, the High Court concluded that the Tribunal was incorrect in holding that Smt. Gyan Devi was not a partner.

Issue 2:
The Tribunal refused to grant registration and accorded the status of association of persons to the appellant firm. The High Court disagreed, noting that the partnership deed and accounts were genuine and had been accepted for subsequent years. The High Court emphasized that the Tribunal's decision was based on irrelevant considerations and lacked satisfactory material.

Issue 3:
The Tribunal's finding that Smt. Gyan Devi did not consent u/s 13 of the Contract Act to become a partner and that the appellant firm did not exist u/s 6 of the Indian Partnership Act was deemed incorrect by the High Court. The High Court found no valid reason to doubt the genuineness of the partnership deed and the books of account.

Issue 4:
The High Court held that once the partners of the firm had been assessed individually, the firm's income could not be assessed as an association of persons. The High Court relied on the Supreme Court's decision in CIT v. Murlidhar Jhawar and Purna Ginning and Pressing Factory and subsequent High Court decisions that supported this view.

Issue 5:
The High Court found no evidence to support the Tribunal's finding that Smt. Gyan Devi was not a partner and that the partnership evidenced by the deed dated November 14, 1967, was not genuine. The High Court noted that the partnership deed was registered, and the accounts showed the distribution of profits according to the partnership deed.

Issue 6:
The High Court did not specifically address the correctness of the Tribunal's consideration of the statements recorded by the Inspector. However, the High Court's overall conclusion indicated that the Tribunal's reliance on such statements was misplaced.

Conclusion:
The High Court answered the questions in the negative and against the Department, holding that the Tribunal was incorrect in its findings and that the appellant firm was genuine and entitled to registration. The parties were ordered to bear their own costs.