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TMI Blog1930 (12) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... gents under the name and style of Ramlal Murlidhar. By a memorandum of agreement dated 30th day of April 1928, and made between the three persons to whom I have referred and between them only, it was nevertheless recited that the parties to the agreement together with one Mt. Rajo, the mother of Ramlal, were carrying on business in copartnership as I have stated. The instrument then went on to exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven by the Commissioner of Income Tax as follows: A partnership to be valid does not require its terms to be embodied in an instrument. Moreover a defective-instrument may be supplemented by other evidence, such as conduct of. the partners, to establish and define those terms. But the Income Tax Act and the rules framed thereunder make provision for the registration of those firms only that are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is to be rejected under Clause 14, Section 2. No doubt whether we look to the Act or to the rules made thereunder, there must be a firm constituted under the instrument; but when we come to ask ourselves what is sufficient to satisfy the requirement of the firm being constituted under the instrument, I am not prepared to say with the Com-missioner that it is implied that a complete instrument o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition that the Income Tax Officer may have the right to satisfy himself that the transaction evidenced by the instrument is a real thing. But in my opinion if the Commissioner of Income Tax comes to the conclusion that before her death Mt. Rajo had assented to this instrument and that when it was put forward for registration it was put forward by her along with the other partners to be registere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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