Partnership registration renewal turns on the deed operative in the relevant previous year, not later changes in constitution.

Renewal of firm registration depended on the partnership deed operative in the previous year relevant to the assessment year, not on the date of application. The firm under the 1956 deed and the firm under the 1958 deed were treated as separate and distinct, with the later deed creating a new firm after dissolution of the earlier one. Because the income assessable for assessment year 1959-60 belonged to the firm constituted under the 1956 deed, renewal had to be sought by that firm. The objection based on alleged change in constitution therefore failed, and renewal of registration was allowed on the 1956 deed.

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Issues: Whether the assessee-firm was entitled to renewal of registration for the assessment year 1959-60 on the basis of the partnership deed dated 28 December 1956, notwithstanding the later deed dated 13 October 1958 and the alleged change in constitution.

Analysis: The relevant partnership deed for registration was the deed operative during the previous year relevant to the assessment year for which renewal was sought. The firm constituted by the deed of 1956 and the firm constituted by the deed of 1958 were found to be separate and distinct, the later deed creating a new firm after dissolution of the earlier one. Since the income assessable for the assessment year 1959-60 belonged to the firm under the 1956 deed, the application for renewal had properly to be made by that firm. The requirement in the prescribed form that the constitution and shares remain unaltered was to be read with reference to the relevant previous year, not the date of the application.

Conclusion: The assessee-firm was entitled to renewal of registration on the basis of the deed dated 28 December 1956, and the objection to the application on the ground of changed constitution failed.

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