Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Jan-11-2002
Reported in : (2002)81ITD218(Pune.)
..... on the basis of mere agreement to purchase the property in joint names. reference can be made to the provisions of section 6 of indian partnership act, 1932 which are set out as under ; "6. mode of determining existence of partnership--in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner ..... or of the gross returns arising from such property- the reason is obvious. the most essential ingredient of the partnership is the existence of element of agency between parties to the agreement as per section 4 of indian partnership act, 1932. no doubt, the agreement of partnership may be oral one, but in such case, the parties to the agreement must produce the relevant material ..... shri ashok v.bhat and shri c.v. shah- hence, no presumption can be raised that there was a partnership between these two persons in view of clear provisions of section 6 of indian partnership act, 1932.29. there is a further assumption in the proposed order that after the death of her husband, shri ashok v. bhat, the assessee stepped into the shoes ..... of her husband and continued in partnership with shri c.v. shah.reliance has been placed on clause 2 of the .....Tag this Judgment!