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TMI Blog1996 (2) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue and the following question of law has been referred by the Tribunal for answer of this court, which reads as under : " Whether, on the facts and in the circumstances of the case, the agreement dated November 6, 1981, between S. U. Pumps Pvt. Ltd. and its seven employees brought into existence a valid partnership entitled to registration under section 185 of the Income-tax Act, 1961 ? " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approached the Appellate Assistant Commissioner and the Appellate Assistant Commissioner confirmed the view taken by the Income-tax Officer in rejecting the registration to the assessee-firm. Aggrieved against the order of the Appellate Assistant Commissioner, the assessee preferred second appeal before the Tribunal and the Tribunal before setting aside the order of both the authorities below on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act (sic), the Income-tax Officer has to see that partnership is evident from the instrument and share of the partners are to be specified in the instrument. In the present case, it appears that there is a proper partnership deed and all the shares of the partners have been detailed therefore, these two requirements have been fulfilled and we do not see any rationale in the reasoning given by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect and the Tribunal has only set aside the order on the basis that the registration has been given for the year 1981-82 and as such there is no justification to deny the registration for the year 1982-83. But we have examined the matter from another angle also and find that the view taken by the Income-tax Officer and the Appellate Assistant Commissioner is not justified. Hence, we answer this r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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