1983 (1) TMI 16

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..... the following three questions have been referred: " (1) Whether, on the facts and in the circumstances of the case, notice under section 148 of the Income-tax Act, 1961, is bad in law and without jurisdiction ? (2) Whether, on the facts and in the circumstances of the case, and considering the agreement of partial partition and other material on record it can be said that an association of per .....

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..... m of M/s. Sonasao Rukhabsao and Company should be partitioned and each of the members of the family would get one-fifth share and Shantikumar would continue to be in the firm as partner and profit and loss of every year would be apportioned amongst the members of the family equally in the books of the HUF. By an order under s. 171(3) of the I.T. Act, 1961, dated March 17, 1973, the partial parti .....

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..... firm and profit and loss of every year shall be apportioned amongst the members of the family equally in the books of the HUF, in the context of the whole agreement, cannot even remotely suggest the intention to have a unity of purpose. Similarly, it is difficult to see how non-intimation to the partnership is circumstance against the assessee, especially when in the books of the HUF relevant ent .....

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