Continuation of firm registration up to a partner's death was upheld under controlling Supreme Court precedent.

Continuation of registration of a partnership firm up to the date of a partner's death was treated as governed by the Supreme Court precedent in Wazid Ali Abid Ali v. CIT. The High Court noted that the Revenue could not refuse continuation merely because the partnership deed had not been executed until the close of the accounting year. On that basis, the referred question was answered in favour of the assessee, confirming continuation of registration for the relevant period ending on the date of death.

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Issues: Whether the Tribunal was justified in upholding the order directing continuation of registration of the firm for the period ending on the date of death of one partner.

Analysis: The question referred arose from the claim that the firm, though its partnership deed had not been executed till the close of the accounting year, was entitled to continuation of registration up to the date on which one partner died. The Court held that the issue stood covered by the decision of the Supreme Court in Wazid Ali Abid Ali v. CIT, which controlled the point in dispute.

Conclusion: The question was answered in the affirmative, in favour of the assessee and against the Revenue.

Ratio Decidendi: Where the governing precedent permits continuation of registration up to the date of death of a partner, the revenue cannot deny such continuation merely because the deed was not executed till the end of the accounting year.

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