Law: Income Tax Act, 1922

Section: 26A,26A(1),26A(2)

Income-tax Act, 1922 -- Sections 26A, 26A(1), 26A(2), read with rule 3(2) of the Income-tax Rules -- Firm -- Firm dissolved on retirement of one partner under a Dissolution Deed -- No provision in the partnership deed of the dissolved firm for continuation of firm despite retirement of one partner -- New firm constituted under a fresh Partnership Deed -- New firm, whether entirely a separate entity -- Held yes -- Provisions of rule 3(2) of the Income-tax Rules -- Whether in conflict with the main enactment -- Held no -- Provisions for limitation purposes -- Whether procedural -- Held no -- Firm -- Registration -- Application for registration -- Limitation -- Firm constituted under partnership deed executed on 1-7-1972 -- Firm not registered under the Partnership Act -- Limitation for application for registration -- Whether within six months of the constitution of the firm or before the end of the previous year, whichever is earlier -- Held yes -- Application for registration for the previous year ending 30-6-1973, made on 12-2-1973 i.e. after expiry of six months of constitution of firm -- Whether barred by the period of limitation -- Held yes -- Partnership firm -- Retirement or death of partner -- Terms "retirement" and "death" -- Not synonymous -- Firm automatically stands dissolved on death of a partner unless specific provision made in deed for substitution of legal heirs of deceased partner -- Application for registration of partnership -- Limitation -- Firm not registered under Partnership Act -- Period of limitation for such firm is six months from execution of partnership deed -- Application for registration of partnership -- Limitation -- Provision of section 26A, held, not procedural in nature -- Application for registration of firm -- Limitation -- Ignorance of provision of time limit -- No excuse for condonation of delay -- Income-tax Officer under no obligation to come to rescue of assessee for rectification of mistakes - ORDER The order was passed by MIAN ABDAL KHALIQ Judicial, Member. ---This appeal calls in question an order passed by the Income-tax Officer under Section 26-A of the Income-tax Act refusing registration to the appellant firm for…

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