Back
United Cotton Factory – Appellant
Versus
Commissioner of Income-Tax – Respondent
JUDGMENT
1. At the instance of Messrs. S. A. Rahim Maula Bakhsh Muhammad Sharif, assessee, the Income-tax Appellate Tribunal has, under section 66(1) of the Income-tax Act, referred the following question of law to this Cour :
"Whether in the circumstances of the case, the application of the assessee firm for registration under section 26A was rightly refused on the ground that the shares of the individual partners constituting the assessee firm were not specified in the instrument of partnership dated the 10th of March, 1951, which was sought to be registere ?"
2. According to the statement of the case there is no controversy about the facts giving rise to this reference. On the 10th of March, 1951, the firm S. A. Rahim and Co. and the firm Haji Maula Bakhsh Muhammad Sharif entered into a partnership.
Each component of this larger firm is a partnership constituted under an instrument of partnership specifying the names and the individual shares of the partners in their respective partnerships concerns. In the instrument of partnership of the assessee firm, neither the names nor the individual shares of the partners of the component firms, viz., S. A. Rahim and Co. and Haji Maula Bakhs
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
