Delhi High Court High Court

Commissioner Of Income-Tax vs Manoj Industries on 15 May, 1990

Delhi High Court
Commissioner Of Income-Tax vs Manoj Industries on 15 May, 1990
Equivalent citations: 1991 192 ITR 598 Delhi
Author: Kirpal
Bench: B Kirpal, C Chaudhary


JUDGMENT

Kirpal, J.

1. The question involved in this case is whether a partnership firm can consist of more than 2 partners where one individual is a partner in his individual capacity and also a partner as karta of Hindu undivided family. There is no decision of this court on this point and we are informed that a similar question is pending adjudication in the Supreme Court, though a number of High Courts have taken the view that it is permissible for one individual to be a partner in his individual capacity as well as a karta. In our opinion, a question of law does arise and we direct the Tribunal to state the case and refer the following question of law to this court :

“Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessed-firm was entitled to grant of registration ?”

2. The petition is disposed of. No order as to costs.