1985 (11) TMI 37 - HC - Income Tax

Summary

Issues:
- Registration or continuation of registration for the assessee
- Validity of partnership between karta of Hindu undivided family and sons as partners

Analysis:
The judgment by the High Court of Rajasthan involved multiple references concerning the registration or continuation of registration for the assessee for various assessment years. The common question across these references was whether the Tribunal was correct in holding that registration or continuation of registration could not be refused to the assessee. The crux of the matter lay in determining if Birdhichand, as the karta of a Hindu undivided family, could take his sons as partners without their contribution of capital from their self-acquired funds. The court referred to precedents such as Gulraj Poonamchand v. CIT to establish that a karta of an HUF could indeed enter into a partnership with family members or even strangers without separate contributions of property. This view was supported by various authorities, including Lachhman Das v. CIT, emphasizing the validity of such partnerships.

The court also cited CIT v. Mariappa Muthiriyar & Sons and Ratanchand Darbarilal v. CIT to further solidify the concept that a partnership could exist between the karta of an HUF and coparceners in their individual capacity, even if they contribute separate property unconnected with family funds. The Supreme Court's decisions in R. C. Mitter & Sons v. CIT and Ladhu Ram Taparia v. CIT were referenced to highlight that coparceners could run independent partnership businesses without disturbing the joint family status. Ultimately, the court agreed with the decision in Gulraj Poonamchand's case and held that Birdhichand, as the karta, was within his rights to take his sons as partners without their individual capital contributions.

Consequently, the court concluded that the Tribunal was correct in its decision that registration or continuation of registration could not be denied to the assessee. The answer to the common question in all references was in favor of the assessee and against the Revenue. The court ordered the answer to be returned to the Tribunal in accordance with the provisions of the Income-tax Act, 1961, and left the parties to bear their own costs.