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TMI Blog1992 (1) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... ment for the years 1974-75 to 1977-78 had been finalised, proceedings under section 11-A of the Punjab General Sales Tax Act, 1948, were subsequently initiated by the Assessing Authority on the basis of information that during these assessment years, the assessee had transferred goods to the firm M/s. Punjab Oil Mills, Damtal (Himachal Pradesh). The assessee on its part took the plea that these tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vits and making fresh determination. This is what constitutes the factual background leading to the following question being referred namely: "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that a partnership firm cannot make a transaction of sale to a partnership firm with the same partners, though with different percentages of shares, and if the answer to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, to any specific provision in that regard in the tax law modifying the partnership law. If the tax law is silent, it is the partnership law only to which he will refer. Having decided the legal identity of the assessee, that it is a partnership firm, he will then turn to the tax law and apply its relevant provisions for assessing the partnership income." Further: ".........Where it is claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e can be a transaction of a sale or purchase by one firm to another where the partners of both the firms are the same, but whether or not the two entities are separate and distinct would of course depend upon the peculiar facts and circumstances of the particular case. Such thus being the situation as it now emerges, we reframe the question posed in the following terms: "Whether, the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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