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1985 (10) TMI 35

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..... one of the coparceners, entered into partnership agreement on May 1, 1967, with one Pashupati Nath to carry on business in sale of petroleum products, under the firm name Darshan Kumar and Co. The amounts of Rs. 905 and Rs. 10,413 received by way of profits from the said concern for the assessment years 1968-69 and 1971-72 were claimed by Darshan Kumar as his personal income, but was included by t .....

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..... (b) Whether there was any nexus between the starting of the firm M/s. Darshan Kumar and Co., Jaitu, and investment of the appellant family funds in the said firm ? (c) Whether the income received by Shri Darshan Kumar from M/s. Darshan Kumar Co., Jaitu, is his individual income or assessable in the hands of the appellant family ? (d) Whether the Hindu undivided family named M/s. Bhag Mal .....

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..... nds on the basic question of fact as to whether Darshan Kumar entered into partnership in his individual capacity or as a coparcener representing the Hindu undivided family. The Tribunal, after taking into consideration the various facts and circumstances, held that he entered into partnership not in his individual capacity, but as a coparcener representing the Hindu undivided family. This is esse .....

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