9911796707
TMI Blog1953 (6) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Appellate Income- tax Tribunal stating the following question for determination of this Court:- Whether there could in law be a partnership between a partner in a head-firm and another individual in respect of the partner's share in the head-firm so as to entitle the partners in the sub-firm to apply for registration thereof under Section 26A, Income-tax Act, 1922? Ram Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal the firm was directed to be registered under Section 26A and on the application of the Commissioner of Income-tax, the question which I have quoted above has been stated for the opinion of this Court. Counsel for the Commissioner of Income-tax has submitted that such a relationship as is created by the deed of the alleged partnership between Ram Pershad and Gopal Das is not a partnership w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titute what is called a sub-partnership, that is to say, it makes the parties to it partners inter se; but it in no way affects the other members of the principal firm. I am, therefore, of the opinion that the Income-tax Appellate Tribunal has rightly directed the registration of the firm under Section 26A and I will answer the question in the affirmative. The Commissioner must pay the cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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