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of <h1>Court Upholds Decision Refusing Registration Renewal Due to Partnership Deed Discrepancies</h1> <h3>Samiur Rahman And Brothers Versus Commissioner Of Income-Tax, Bihar And Orissa</h3> Samiur Rahman And Brothers Versus Commissioner Of Income-Tax, Bihar And Orissa - [1968] 67 ITR 386 Issues:Income-tax assessment for years 1956-57, 1957-58, and 1958-59; Refusal of registration under section 26A of the Indian Income-tax Act; Discrepancies in partnership deed and business activities; Justification of income-tax authorities' refusal to register the assessee-firm.Analysis:The judgment pertains to three income-tax assessment years, where the assessee, a registered firm in the goat skin business since 1953, faced refusal of registration under section 26A due to discrepancies in the partnership deed and business activities. The Income-tax Officer found inconsistencies in the partners listed in the deed and the firm's business operations, including an overdraft account and a sales tax claim by the father of the partners. Despite explanations provided, the authorities refused registration renewal, leading to appeals and references to the High Court. The central question was whether the refusal to register the firm was legally justified.The partnership deed executed in 1953 listed four brothers, sons of Khaliur Rahman, as partners in the firm. However, an application for a cash credit advance from a bank only included three brothers' names, omitting the fourth brother. The explanation provided for this omission was unsatisfactory to the authorities, leading to doubts about the genuineness of the partnership. The court emphasized that the income-tax authorities were entitled to draw conclusions based on such material discrepancies, even if alternative explanations were offered by the assessee. The absence of crucial materials before the authorities during the registration renewal process weakened the assessee's case.The Appellate Tribunal's findings that the firm consisted of either three sons and the father or all four sons, with the youngest as a benamidar of the father, did not support the renewal of registration. The application for renewal, signed by the four brothers as per the deed, did not align with the Tribunal's findings. Moreover, misrepresentation in the bank application regarding the partners further raised doubts about the firm's authenticity, as discrepancies between business activities and the partnership deed could challenge the firm's claim as a genuine partnership. The court highlighted that minor discrepancies might be overlooked, but the authorities were within their rights to assess the firm's legitimacy based on the available evidence.Ultimately, the court ruled in favor of the income-tax authorities, affirming the refusal to renew the registration of the assessee-firm. The assessee was directed to pay costs to the department, emphasizing the importance of maintaining consistency between partnership deeds and business activities for registration under the Income-tax Act.
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