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Tue assessee firm was constituted under a deed of partnership dated October It was to come into existence with effect from November Tue assessee filed an application under s A
...of the Act for registratlon of the firm for the assessment year - The previous year of the firm was shown as the year ending October The application was received by the Income-tax Officer an October On October the assessee filed before the Regiatrar df Firms a statement under s of the Indian Partnership Act On November the Registrar of Firrmr iled the statement of he assessce and made entries in the register of firms On March the Income-tax Officer passed an order refusing to register the firm under s A inter alia for the reason that the application had not been made in time The appeal taken to the Appellate Assistant Commissioner failed The Tribunal also upheld the order of the authorities below In reference t fe High Court answered the question in favour of the assessee holding that the partnership should be deemed to have been registered on the date when the application was presented and that the requirement of r b of the Rules would be satisfied if it became registered under the Partnership Act even after the application under s A was filed In appeal by the Revenue
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