1982 (5) TMI 37

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... der s. 256(2) of the I.T. Act, 1961, filed by the Commissioner of Income-tax, Patiala-II, Patiala, is for the issue of a direction to the Income-tax Appellate Tribunal, to refer the following question of law-to this court, which is said to arise out of the order of the Tribunal : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in affirming the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s of the firm for the period ending May 31, 1969 (the date on which Ved Parkash ceased to be a partner) was determined at Rs. 40,472 and the share of the loss of Ved Parkash was, thus, allocated at Rs. 10,591. It transpires that after ceasing to be partner of the firm, M/s. Hargolal and Sons, the assessee-family carried on the same business under the name and style of M/s. Modern Equipment Company .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... necessary direction to the Tribunal. After hearing the learned counsel for the petitioner, we find that there is no ground made out for varying the decision of the Tribunal. Two basic facts which emerge in the case are that Ved Parkash had ceased to be a partner of the firm, M/s. Hargolal and Sons on May 31, 1969, and he had claimed a set-off only in respect of his one-fourth share of the Ion in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X