9911796707
TMI Blog1930 (5) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... has been going on in the name of Haridas Premji. The question is with regard to the assessment of Income Tax for the year of assessment 1928-29. There is no dispute between the Income Tax authorities and the assessees us to the amount of the profits or gain; but the assessees were minded to claim to be taxed as a registered firm. Accordingly, they in time filed an application in the prescribed fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Now, the income tax officer and the Assistant Commissioner refused to register these documents upon the ground that they wore letters and multiplicity of documents and not an instrument or partnership as required by Sub-section (14), Section 2 of the Act. That point of view is conceded by the learned Advocate-General to be erroneous and it was not upheld when the matter was taken before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sented to. 3. It appears to us that the reasonable, course, in which the learned Advocate-General concurs, is this; that either the junior partners should write another letter saying that the other conditions proposed by their letters to the senior partners are waived, or that the senior partner should write another letter to the junior partners saying that the other terms and conditions pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n does not at the present stage arise because, in view of the position adopted by the Income Tax officer and the Assistant Commissioner, the assessees should be allowed to file an additional letter clearing up the ambiguity noticed by the Commissioner of Income Tax in the case stated A before us. There will be no order as to costs in this reference. Charu Chander Ghose , J. 4. I agr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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