1975 (12) TMI 67

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..... Sadagopan's Clinic and Nursing Home, for several years, On April 1, 1965, he took his son, who is also a registered medical practitioner as a partner in a newly constitute firm. They agreed to share the earnings in the proportion of two-thirds and one-third, and it was provided in the partnership deed that the assessee's son shall be only a working partner and will not be entitled to the assets o .....

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..... nd, that, therefore, the assessee was entitled to claim depreciation in his individual assessment. The Tribunal confirmed the order of the Appellate Assistant Commissioner. At the instance of the assessee the following question has been referred : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee was entitled to deduction .....

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..... all be deemed to be the business of the partners. If that is so, certainly the assessee in this case had used the assets for the purpose of his business as he was a partner of the firm. The Appellate Assistant Commissioner and the Tribunal were, therefore, right in holding that the depreciation was allowable in the individual assessment of the assessee. We, accordingly, answer the reference in the .....

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