Law: Income Tax Act, 1922

Section: 26(a)(3)

Firm Registration -Renewal of Registration -Firm allowed registration in one year -Application for renewal of registration after a gap of few years from original registration -Whether firm entitled to registration and not to renewal of registration -Held yes -- Firm -Registration -Renewal of registration -"Firm already registered for the immediately preceding year" -Word "registered", whether covers first registration or by way of renewal of registration -Held yes -Words "Immediately preceding year", whether mean the assessment year immediately preceding the year for which renewal of registration is being claimed -Held yes -"Renewal of registration", whether another form of registration for the relevant year -"Register the firm", "Renew the registration", distinction between -True construction and scope of sub-section (3), explained -- True construction and scope of words "where the firm had already been registered for the immediately preceding year" -Meaning -Renewal of registration presupposes that in the "immediately preceding years" the firm already stood registered whether by way of original registration, fresh registration or by renewal of registration -Firm after having been registered getting its registration renewed for a number of years but continuity broken for a year or two -Registration claimed thereafter -Held, firm entitled to claim registration but such registration could not be called "renewal of registration". JUDGMENT The judgment of the court was delivered by K. E. CHAUHAN J.---By means of an instrument of partnership dated 12-3-1959, there was constituted a firm known as M/s. Malik and Co. Lahore. An application for its registration under Section 26A of the Income-tax Act (XI of 1922), was filed on 10-3-1960 for the assessment year (1960-61) which was granted by the Income-tax Officer vide his order dated 31st October, 1964. For the assessment year (1961-62) a renewal-of-registration application was filed on 23rd of October, 1961, which was allowed on 28-1-1965. There was no applications of any kind for the next two years namely, assessment years (1962-63) and (1963-64) such and as such the registration (or renewal-of-registration) for that…

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