Law:

Section:

JUDGMENT Untwalia, CJ.-This is a reference under section 256(1)of the Income-tax Act, 1961 (hereinafter called "the 1961 Act"), made by the Income-tax Appellate Tribunal, Patna Bench. The question of law referred for determination by this court is the following: "Was the application for registration made in Form No. 11A on September 29, 1962, validly refused?" The relevant facts may largely be stated from the statement of the case prepared by the Tribunal. There was a partnership firm of the name of Amarsinh Gowamal and Sons which was constituted originally on August 23, 1943. There were three partners named, Amarsinh, Manji Gowamal and Keshavji Shivji. The former two had 7 annas 6 pies share each and the third one had one anna share in the partnership. A copy of the partnership deed is annexure "A" to the statement of the case. There was a change in the constitution of the firm with effect from August 22, 1945. We are told that Amarsinh was dead by that time and his brother, Manji, was out from the partnership. In their places came the widow of Amarsinh-Virbai-having 5 annas share and the two sons of Amarsinh-Ramniklal and Nanalal-each having 5 annas share, the remaining partner Keshavji Shivji retaining his one anna share. A copy of the partnership deed dated December 6, 1945, giving effect to the change in the constitution of the firm in 1945 is annexure "B" to the statement of the case. The firm applied for registration under section 26A of the Indian Income-tax Act, 1922 (hereinafter called "the 1922 Act"). Registration was allowed. Renewal was allowed up to the assessment year 1961-62. In this case we are concerned with the assessment year 1962-63 which is governed and covered by the 1961 Act. The corresponding previous accounting year of the assessee was November 1, 1960, to November 8, 1961. The firm as constituted in the year 1945 continued up to the last day of the previous year relating to the assessment year 1962-63. But on the commencement of the next accounting year, i.e., on and from November 9, 1961, a new instrument of partnership was executed on that date, a copy of which is annexure "C"; to be more accurate, the deed was actually executed on…

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