1977 (7) TMI 14

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....granting registration to the firm for the assessment year 1961-62, though Shri Rameshchandra, who had been admitted to the benefits of the partnership, being a minor, had attained majority at the time when the application for renewal was made and the same had not been signed by him ?" The material facts giving rise to this reference briefly are as follows: The assessee is M/s. Ganpatji Tuniyabhai of Khargone. For the assessment year 1961-62, the assessee submitted an application for renewal of registration of the firm under s. 26A of the Indian I.T. Act, 1922. The application was rejected by the ITO on the short ground that as the guardian of certain minors, who were admitted to the benefits of partnership, had signed the deed of partner....

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....n of firms.-(1) Application may be made to the Income-tax Officer on behalf of any firm, constituted under an instrument of partnership specifying the individual shares of the partners, for registration for the purposes of this Act and of any other enactment for the time being in force relating to income-tax or super-tax. (2) The application shall be made by such person or persons, and at such times and shall contain such particulars and shall be in such form, and be verified in such manner, as may be prescribed; and it shall be dealt with by the Income-tax Officer in such manner as may be prescribed. " Rule 6 of the Indian I.T. Rules, 1922, made in this behalf, reads as follows: "6. Any firm to whom a certificate of registration h....

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....ntitled to the renewal of registration for the assessment year 1961-62. Shri Mathur, learned counsel for the department, referred to a decision in Kishore Chand Ramji Dass v. CIT [1970] 77 ITR 76 (Punj). But that decision is distinguishable on facts. In that case, it was found that though one Harischandra had become a major on 1st November 1953, he had signed the application for registration of the assessee-firm for the accounting year ending on 31st March, 1954. In the instant case, as we have already observed, it is not disputed that Rameshchandra was a minor throughout the accounting year ending on 20th October, 1960. Learned counsel for the department did not bring to our notice any decision in support of the proposition canvassed be....