2004 (8) TMI 28

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....on of law under section 256(2) of the Income-tax Act, 1961 (herein after referred to as "the Act"), for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the assessee was entitled to registration under the Income-tax Ac 1961?" The present reference relates to the assessment year 1968-69....

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.... the Act cancelled the assessment made by the Income-tax Officer under section 143(3) wherein the assessee has been treated as a registered firm and directed the Income-tax Officer to reframe the assessment by considering the application for registration on the merits. The Income-tax Officer made a fresh assessment by treating the assessee-firm as unregistered. In appeal, before the Appellate A....

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....ed there was that a fresh deed was not necessary on the minor attaining majority. According to the Tribunal, in view of the above change in law the assessee was entitled to registration. It, therefore, directed that the assessee-firm be treated as a registered firm in the assessment to be framed afresh under section 143. In this view it dismissed the Department appeal. We have heard Sri Shambho....

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....ashi Prasad v. Addl. CIT [1978] 115 ITR 858 and therefore, there was no need for a fresh deed on the minor attaining majority. We, however, find that the hon'ble Supreme Court in the case of Progressive Financers v. CIT [1997] 224 ITR 595 had held that: "the Assessing Officer cannot reject an application for registration of a firm merely because, in the deed of partnership, the shares of the partn....