Supreme Court · 1966 INSC 125 · Decided 19 July 1966

Fatehchand Murlidhar and Anr v. Commissioner of Income-Tax, Calcutta

Court
Supreme Court of India
Citation
1966 INSC 125 · [1966] SUPP. 1 S.C.R. 453
Case number
CIVIL APPEAL No. 1108/1964
Decided
19 July 1966
Bench
K.N. WANCHOO, S.M. SIKRI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 66(1)

Headnote

Income-tax Act (11 of 1932), s. 23(5)(a:-Scope of-Partnership­ Sub-partnership between a pa.rtner and strangers-Agreement-to share profits and loss~s of partner in the Partnershqr--Income from the Partnership-Whether belongs to partner or sub-partnership. The assessee was a partner in 1949, he entered into a partnership with persons v.rho \vere strangers to the registered firm and a deed of partnership was executed between them. It recited that the profits and losses for the share of the asscssce in the registered firm should belong to the new firm and be divided and borne by

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