Law: Income Tax Act, 1922

Section: 26(A)

Law: Partnership Act, 1932

Section: 30

(a) Income-tax Act (XI of 1922)---S. 26(A)--Partnership Act (IX of 1932), S. 30--Application for registration of firm--Income-tax Officer not doubting existence of firm to be genuine because of non-production of accounts books but thinking that there was change in constitution of firm in earlier years and that firm should have applied for fresh registration and as such concluding that a genuine firm was not in existence in previous years of assessment--Conclusion of Income-tax Officer repelled--Held, what happened in earlier year was not relevant at all for disposal of 'application of assessee moved for relevant assessment year. (b) Income-tax Act (XI of 1922)-- ---S. 26(A)--Partnership Act (IX of 1932), S. 30--Registration of firm-­Fresh instrument of partnership, held was not necessary on a minor becoming a full-fledged partner after attaining age of majority-­ Income-tax Officer rejecting application for registration of appellant firm for assessment on ground that there were changes in its constitution earlier due to attaining majority by minors in firm and their becoming full-fledged members and since no application for fresh registration was filed, firm ceased to exist--Rights and liabilities of a minor continue uptodate on which he becomes a partner and he also becomes personally liable to third parties for all acts of firm done since he was admitted to benefit of partnership--Plea that there was a change in constitution of a partnership when a minor attains majority and elects to become full-fledged partner of a firm would be in conflict with provisions of personal liability of minor which was made operative from date when he was admitted to benefits of partnership under section 30(7) of Partnership Act--Officer below, held, erred in refusing to register appellant firm because in case of a -minor who attained majority and then elected to become full-fledged member of a partnership, constitution of partnership did not change--Income-tax Officer directed to register appellant firm under S. 26-A of repealed Income-tax Act, 1922. The Commissioner of Income-tax v. Rajab Ali & Sons 1967 P T D 295 rel. (1944) 12 I T R 199, Ram Narayan Laxmi Prashad v.…

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