2004 (6) TMI 37

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... A.M. SAPRE J. - This is a reference made at the instance of the Revenue (Commissioner of Income-tax) under section 256(1) of the Income-tax Act, 1961, to this court for answering the following question of law: "Whether, on the facts and in the circumstances of the case, the assessee was entitled for registration?" The respondent is an assessee. It is a firm. The assessee for the assessment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tting aside the view taken by the Assessing Officer granted registration to the assessee. It was held that since the deed of partnership is evidenced in writing and, secondly, most of the partners have actually contributed to the firm, the Income-tax Officer should have granted registration to the assessee. It is this question, which is referred to this court at the instance of the Revenue. Hea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....by the Assessing Officer. All these factors clearly show that the firm in question was a genuine one and was thus, entitled to claim registration under section 185 of the Act. As rightly observed by the Tribunal, the Assessing Officer could not have refused registration only on the ground that one of the partners failed to show capital contribution. One cannot dispute the legal proposition that an....