SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1961 Supreme(P&H) 78

Messrs. Kalwant Singh Gurdial Singh – Appellant
Versus
Commissioner Of Income-tax, Punjab – Respondent


Judgment

1. The question of law referred to this court by the Tribunal is :

"Whether the applicant firm which was formed by an oral agreement on April 1, 1954, on terms and conditions reduced to writing on the 8th April, 1954, was one constituted under an instrument of partnership within the meaning of those words in section 26A of the Income-tax Act and entitled to registration for the purpose of the Income-tax Act for the assessment year 1955-56 ?"

2. It is not necessary to go into elaborate discussion as a similar question has been answered in the affirmative by a recent full bench of this court in Niadar Mal Jagdish Parshad v. Commissioner of Income-tax. The question for decision by the High Court in Niadar Mal Jagdish Parshads case was :

"Whether a firm which comes into existence by a verbal agreement is entitled to be registered under section 26A, if on the date of the application for registration the terms and conditions of the partnership have been reduced to writing and application for registration has been accompanied by such an instrument ?"

3. This question was answered in the affirmative by the full bench. Reference may also be made to a decision of the Supreme Court in

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top