Law:

Section:

Section 26A of the Indian Income-Tax Act, 1922 [Corresponding to Section 184(7) of the Income-tax Act, 1961] - Firm - Registration of CASE REFERRED TO Balakishen Das v. Ram Narain Sahu [1903] ILR 30 Cal 738 (Cal),Bhagwati Prasad v. Bhagwati Prasad [1913] ILR 35 All 126 (All.),Muhammad Rafiq v. Khawaja Qamar Din [1922] AIR Lah 441 (Lah.),Jafferali v. Standard Bank [1928] AIR PC 135 (PC), Khorasany (A.)v. Acha (C.) [1928] ILR 6 Rang 198 (Rang.) and Lachami Narain v.Beni Ram [1931] ILR All 479 (All.) JUDGMENT Satyanarayana Rao, J.-These two referred cases arise from the same facts, and the assessee in both is the same. Referred Case No. 1 of 1950 relates to the assessment for 1944-45, the accounting year being the year ending on 24th March, 1944. In Referred Case No. 1 of 1950 the question referred to us for decision by the Income-tax Appellate Tribunal is:- "Whether on the facts and in the circumstances of the case and on a proper construction of the deeds of partnership and partition dated 22nd June, 1943, the finding of the Tribunal that cloth business continued to belong to the Hindu undivided family is erroneous in law?" Referred Case No. 2 of 1950 arises out of proceedings for registration of the partnership of Jakka Devayya and Sons under Section 26A of the Income-tax Act, and the question referred to us for decision under Section 66 (1) of the Income-tax Act by the Income-tax Appellate Tribunal is:- "Whether on the facts and in the circumstances of the case, there was a valid partnership in respect of the cloth business which could be registered under Section 26A of the Income-tax Act ?" Up to June, 1942, the assessee was a Hindu undivided family. During the assessment year 1943-44 the assessee claimed that there was a partition of the family properties in June, 1942, and the Income-tax Officer after examining the evidence adduced by the assessee held that there was a division of the family properties on 4th April, 1943. On the strength of this decision the assessee claimed during the assessment year now under consideration that the business carried on during the accounting year was the business belonging to a firm consisting of the erstwhile members of…

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