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TMI Blog2011 (1) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... n providing for payment of interest and salary to partners in terms of Section 40(b) and there is no provision in the partnership deed providing for payment of interest and salary to partners - Assessing Officer has established that the assessee has committed violations falling under Section 144 which disentitle the assessee to be assigned status of a firm - Decided against the assessee Unexpl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee's status in which it is assessed that is as an AOP, against the claim of the assessee that it is a partnership firm. However, it is seen that photocopy of partnership deed only was produced and in spite of opportunity given the assessee could not produce its original. Further the Assessing Officer noticed that the assessee manipulated resolution providing for payment of interest and salary to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s claim. 3. The next ground pertains to the addition of Rs.3,07,159/- sustained by the Tribunal. After going through the orders of the Tribunal we notice that from out of various additions, this one amount was sustained by the Tribunal for the reason that the assessee could not claim their stand that this amount is paid out of business funds i.e. from available source, which was used as a sour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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