Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the applications for registration and renewal of registration of the firm under section 26A were valid and complied with the prescribed statutory rules.
Analysis: Registration under section 26A was a statutory benefit available only on strict compliance with the section and the rules made under it. The prescribed forms required all non-minor partners to sign and required the share of profits and losses to be correctly stated. The applications filed by the firm did not comply with those requirements, as the minor's share was shown as a share in losses and the prescribed indication that he was only entitled to profits was not made. The later attempt to alter the partnership deed could not cure the defect, because it was made after the time for making the application had expired and there was no finding of condonation of delay. The plea of substantial compliance was rejected, and the later provision in the Income-tax Act, 1961 was held inapplicable.
Conclusion: The applications for registration and renewal were invalid, and the assessee was not entitled to registration.