1965 (10) TMI 77

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....rred for decision of this court is : Whether the refusal to grant registration to the firm under section 26A of the Act for the three assessment year 1958-59 to 1960-61 is not justified ? 2. One Sreeranga Mudaliar commenced business in retail handloom cloth at Erode and was carrying it on in his individual capacity for about three years. In or about 1957, he took in certain other perso....

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....ion. We are therefore not concerned with those restrictions. 3. The Income Tax Appellate Tribunal refused registration on the ground that there was no provision in the partnership deed entitling partners Nos. 3 and 4 to anything more than a share of the profits specified in the deed of the assessee-firm, and they acted contrary to the deed in paying partners Nos. 3 and 4 something over and abov....

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....bed by the rules according to the rule 3 of the Income Tax rules 1922, the application shall be accompanied by the original instrument of partnership under which the firm is constituted together with a copy thereof it is not disputed that this rule was complied with The officer on receipt of the application; under the rule 4; after satisfying himself that there is or was a firm in existence consti....