9911796707
TMI Blog1998 (3) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... 98 - Judge(s) : M. RAMAKRISHNA., P. C. PHUKAN JUDGMENT The judgment of the court was delivered by M. RAMAKRISHNA C. J.---The Income-tax Appellate Tribunal referred the following question under section 256(2) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that capital contributed by a partner, Kas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel for the Revenue frankly admitted that there was no document evidencing the transfer of the landed property in question in favour of the partnership firm. Section 17 of the Registration Act, 1908, hereinafter referred to as the Act, lays down as follows : "Documents of which registration is compulsory.---(1) The following documents shall be registered, if the property to which they relate i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the transfer, with a view to transfer the right in the land in favour of the partnership firm by its real owner, in the eye of law, no right whatsoever has been transferred from the land in question. Therefore, it is unnecessary for the competent authority to have raised the question under reference inasmuch as so long as no right in respect of the immovable property has been transferred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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