Partnership registration renewal: a book-posting omission did not invalidate renewal where profit shares were otherwise ascertainable.

An omission in the books to separately post the profit shares from two ration shops in the partners' names did not defeat renewal of registration under section 26A of the Indian Income-tax Act, 1922, where the renewal application was in the prescribed form, the partnership profits were fully brought into account, and the partners' shares were otherwise known and had been regularly credited in earlier years. The court treated the defect as a posting error rather than a substantive non-compliance with the partnership deed or the statutory conditions for renewal. Renewal of registration was therefore allowed, and the question was answered in favour of the assessee-firm.

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Issues: Whether the assessee-firm was entitled to renewal of registration under section 26A of the Indian Income-tax Act, 1922 despite an omission in the books of account to post the shares of profit from two ration shops in the partners' names in accordance with the partnership deed.

Analysis: The application for renewal was made in the prescribed form and the whole of the partnership profits, including those from the two ration shops, had been brought into the accounts. The only defect was that the profits from those shops were not separately divided and posted in the respective partners' names, although the shares were known and had been regularly credited in earlier years. Such an omission was treated as a posting error and not as a substantive failure to comply with the deed or the statutory requirements for renewal of registration.

Conclusion: The assessee-firm was entitled to renewal of registration, and the answer to the referred question was in the affirmative and in favour of the assessee.

Ratio Decidendi: An apparent omission in book postings, where the partners' shares are otherwise ascertainable and the partnership profits have been brought into account, does not by itself invalidate an for renewal of registration under the income-tax registration provisions.

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