Law: Income Tax Appellate Tribunal Rules, 1981

Section: 10

Law: Income Tax Ordinance, 1979

Section: 68

(a) Income-tax Appellate Tribunal Rules, 1981-- ---R.10--Appeal--When a ground has not been taken up in memorandum of appeal, the same cannot be allowed to be agitated at the arguments stage without filing of Additional grounds--Memorandum of appeal shall set forth concisely and under distinct heads the specific grounds of appeal--Where appellant not only failed to make compliance of Rules but did not bother even to move in the matter by filing any additional ground to urge that appeal before the first appellate forum was time-barred, oral objection of the representative of appellant was not entertained at arguments stage. (b) Income-tax Ordinance (XXXI of 1979)---S.68---Registration of firm--Partnership deed empowered Managing Partner to manage all the affairs of the partnership business and the special power of attorney entitled him to open account with his own signatures--Mere fact that the Managing Partner had opened account in his individual name instead of opening it in the firms name, held, was not enough to hold that no genuine firm was constituted and that the business was of an individual partner. (c) Income-tax Ordinance (XXXI of 1979)-- ---S. 68--Registration of firm--Source of investment of partners is totally immaterial for the purpose of registration of firm---Capital contribution of the partners is not an objection sine qua non to the validity or genuineness of the partnership--When partners deposed that they had contributed certain amount each out of their past savings, source of investment was not material for the purpose of registration of firm--Income-tax Officer; however, could make investigation on the issue of investment in the individual cases of the partners. (d) Income-tax Ordinance (XXXI of 1979)-- ---S. 68--Registration of firm--Earning of nominal receipts by the firm in the year under review has no bearing on the issue of grant of registration--Partners being the best judges of their business, registration could be claimed and granted without any income as well. JUDGMENT For the charge year 1983-84 the Department feels aggrieved of the order of the learned A. A. C. of Income-tax B-Range, Multan dated 18-1-1986 on the issue of grant…

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