9911796707
|
Home
Issues: Validity of partnership between karta of Hindu undivided family and coparcener, cancellation of registration of sub-partnership for assessment year 1965-66, legal bar on karta entering partnership with coparcener.
Analysis: 1. The case involved a sub-partnership agreement between a karta of a Hindu undivided family and his son, a coparcener, to share profits from a firm. The Income-tax Officer cancelled the registration of the sub-partnership for the assessment year 1965-66 during a partial partition plea. The Tribunal initially declined to refer questions regarding the validity of the partnership and the cancellation of registration, citing a Supreme Court decision that had no direct relevance to the case. However, the Supreme Court precedent in Firm Bhagat Ram Mohan Lal v. CEPT clarified that a coparcener cannot be a partner with the karta of a Hindu undivided family using family assets, unless they have individual assets. The Tribunal's failure to address the necessity of cancelling the registration for the previous year rendered Question 2 irrelevant. 2. The Tribunal's decision to decline the reference of questions Nos. 1 and 2 was based on a misinterpretation of the Supreme Court decision, which did not address the specific issue of a coparcener becoming a partner with the karta of a Hindu undivided family. The judgment in Firm Bhagat Ram Mohan Lal v. CEPT established that a coparcener can enter into a partnership with the karta only if they have separate individual assets, distinct from the family assets. Therefore, the questions regarding the validity of the partnership and the cancellation of registration were deemed to be questions of law arising from the Tribunal's order. 3. The High Court intervened by issuing a mandamus requiring the Tribunal to refer questions regarding the validity of the partnership and the legal bar on the karta entering into a partnership with a coparcener to the court for its opinion. The court emphasized the distinction between partnerships involving family assets and individual assets, as established in previous legal precedents. The Tribunal's failure to consider the interconnected nature of the registration for the two assessment years led to the necessity of clarifying the legal aspects of the partnership arrangement between the karta and the coparcener.
|
