Law: Income Tax Act, 1922

Section: 26A,26A(1),3,4

Income-tax Act, 1922 -- Section 26A (as amended in 1965) -- Provisions of Sec. 26A -- Whether machinery -- Held yes -- Amendment made by Finance Act, 1965 -- Whether of a remedial and rectifying nature -- Held yes -- Whether retrospective in operation -- Held yes -- Firm -- Registration -- Partnership deed executed before the end of the previous year relevant to assessment year 1963-64 -- Application for registration within time -- Case decided after 1-7-1965, when the amendment was brought about -- Whether registration allowable for whole year and not from date of execution of the deed -- Held yes -- Registration of firm -- Instrument of partnership duly drawn up in writing prior to date on which previous year of assessee ended -- Application otherwise in order and in time -- Refusal of registration, held, not justified -- Section 26A, a machinery section and does not create a liability -- Amendment, made by Finance Act, 1965, of remedial and rectifying nature and retrospective in effect -- Corresponding Sections: Income-tax Ordinance, 1979 -- Section 68 -- ORDER The order was passed by M.T. SIDDIQUI, President.---This appeal questions the refusal of the officers below to grant registration for the whole of the previous year beginning 1st April, 1962 to 31st March, 1963. 2. It appears that for the year under consideration the appellant firm which comprised of Mr. N and Mr. M applied for registration under Section 26A of the Act. The application was filed on 30th March, 1963 along with a copy of partnership deed executed on 29th March, 1963. One of the clauses of the deed stipulated that the partnership shall be deemed to have commenced with effect from 1st April, 1962. The Income-tax Officer however observed that in view of the Supreme Court's decision in Commissioner of Income-tax, East Pakistan, Dacca v. Noor Hussain (1964) 10 Taxation 206 the assessee firm was not entitled to registration from 1st April, 1962 to 28th March, 1963. He accordingly refused to grant the appellant as registered firm for the period 1st April, 1962 to 28th March, 1963 and assessed it in the status of unregistered firm. For the subsequent period of three days, namely, 29th March,…

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