Law:

Section:

Section 184, read with section 256 of the Income-tax Act, 1961 - Firm - Position prior to 1-4-1993 - Whether question as to 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 HUF and whether such a firm is entitled to grant of registration is question of law - Held, yes FACTS The question involved in the instant case was whether a partnership firm could consist of more than 2 partners where one individual is a partner in his individual capacity and also a partner as karta of HUF. The Tribunal held that the assessee-firm was entitled to grant of registration. On application under section 256(2) : HELD There was no decision of the jurisdictional High Court on this point and a similar question was 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. A question of law did arise and the Tribunal was directed to state the case and refer the question of law as to whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the…

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