Law: Income Tax Act, 1922

Section: 66(1),26A,23(5),2(14)

Income-tax Act, 1922 -Section 26A(1) (after amendment in 1965) -- Provisions of Sec. 26A whether procedural -Held yes -Amendments introduced in the section in 1965 -Whether also procedural -Held yes -Whether remedial and curative in character -Held yes -Whether retrospective in operation and applicable in respect of pending assessments and pending appeals -Held yes -- Firm -Not a legal entity under the law but an assessable unit and chargeable as a distinct entity under the Income-tax Act -Registration of firm under the Partnership Act or the Registration Act does not ensure for the purposes of the Income-tax Act -- Firm -Registration -Partnership deed -Creation of firm by virtue of instrument of partnership in writing -Whether necessary for purposes of registration -Held no -Instrument of partnership executed in writing sometime before the end of the previous year relevant to the assessment year -Whether registration allowable for the whole year -Held yes -Firm satisfying the requirements of sub-section (1) of Sec. 26A and the relevant rules -Question whether the firm was created orally or had come into existence from before the date of the instrument or not -Whether material for purposes of registration -Held no -- Interpretation -Under amended section firm need not have been created by instrument of partnership in writing save that instrument of partnership must be executed in writing before and of previous year -Amendment applicable retrospectively to applications and appeals arising therefrom pending on date of amendment -- Interpretation of statutes -Procedural law -Amendment -Alteration in procedure, retrospective in absence of good reason for holding to contrary -- JUDGMENT The judgment of the court was delivered by MUHAMMAD AKRAM J.--In this case, the Income-tax Appellate Tribunal (Pakistan), Lahore has referred the following question of law to the High Court at the instance of the Commissioner of Income-tax, North Zone, Lahore, under Section 66(1) of the Income-tax Act XI of 1922:-- "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the partnership deed dated 23-7-1956 created a valid partnership for the…

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