Jammu and Kashmir Court July 1973 Judgments
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Abdul Aziz and Co. Vs. Commissioner of Income-tax
Court: Jammu and Kashmir
Decided on: Jul-30-1973
Reported in: [1975]98ITR299(J& K)
Jaswant Singh, J.1. The Income-tax Appellate Tribunal, Chandigarh Bench, hereinafter referred to as the 'Appellate Tribunal', has at the instance of M/s. Abdul Aziz & Co. of Sona Masjid, Srinagar, hereinafter referred to as 'the assessee', referred the following question of law foropinion of this court under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act ' :' Whether, on the facts and in the circumstances of the case, the registration claimed on the basis of the partnership deed dated October 6, 1966, was rightly refused by the Tribunal 'The material facts leading to this reference as they appear from the statement of the case drawn up by the Appellate Tribunal are as follows:On February 25, 1967, the assessee filed for the assessment year 1967-68 an application for registration under Section 184 of the Act before the Income-tax Officer, Projects Ward, Srinagar, on the basis of an instrument of partnership executed on October 6, 1966, which showed the c...
Bakshi Mohd. Yusuf and Bakshi Mohd. Shafi Vs. Commissioner of Income-t ...
Court: Jammu and Kashmir
Decided on: Jul-11-1973
Reported in: [1974]93ITR38(J& K)
S.M.F. Ali, C.J.1. These are two income-tax references. In fact the office has wrongly registered four references, when actually there are only two, made by the Income-tax Appellate Tribunal (hereinafter to be referred to as 'the Tribunal') to this court, one arising out of the case of Bakshi Mohd. Yusuf and the other arising out of the case of Bakshi Mohd. Shan. We propose to deal with both the references by one common judgment.2. Bakshi Mohd. Yusuf was a working partner in the firm, Messrs. Fairdeal Motors, Indore. While submitting his return for the assessment year 1962-63, the assessee showed a salary of Rs, 500, which he was receiving from the firm but did not show the share of profits received by him, although the particulars of the income from his share in the said firm were furnished by the assessee to the department later. It appears that the Income-tax Officer concerned issued on March 27, 1967, a notice to the assessee to show cause why an order imposing penalty be not made ...
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