1959 (4) TMI 3

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....larger firm of Patel & Co. constituted by a deed of partnership dated the 6th February, 1948, and consisted of three partners, (1) Patel & Co. (hereinafter called the Smaller Patel & Co.), (2) Sheth & Co., and (3) Maharshi Dayanand Maha Vidyalaya having shares of 7a. 6p., 7a. 6p., and 1a., respectively in the profit and loss of the partnership. This deed of partnership was signed by Arjun Kunverjee Patel, a partner of Patel & Co. (Smaller Patel & Co.), Jamnadas Bhanji Patel, a partner of Sheth & Co., and Nanji Kalidas Mehta, a trustee of Maharshi Dayanand Maha Vidyalaya. In the application for registration which was made to the Income-tax Officer for registration of this firm the same position obtained and the application was signed by thes....

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....order dated the 18th April, 1953, affirmed the order of the Commissioner cancelling the registration in so far as assessment year 1949-50 was concerned and reversed the order of the Commissioner cancelling the registration for the assessment year 1950-51 and granted registration for the said assessment year commencing from July 1, 1949, and ending on December 31, 1949. As regards the period of 1st January, 1949, to 30th June, 1949, registration was thus refused. At the instance of the firm the Tribunal stated the case and raised and referred the following questions of law to the High Court under section 108(1) of the Saurashtra Income-tax Ordinance, and under section 66(1) of the Indian Income-tax Act for its decision namely : " (1) Whe....

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....narayan v. Commissioner of Income-tax had been pronounced and the High Court, therefore, realised that its decision against which the application for certificate for leave had been filed could no longer be regarded as good law and granted the said certificate. We are concerned in this with the registration of the firm for the assessment years 1949-50 and 1950-51. As regards the assessment year 1949-50, Shri Kolah had urged a preliminary objection in regard to the maintainability of the appeal. He has urged that there was no provision under the Saurashtra Income-tax Ordinance, 1949, under which any certificate for leave to appeal could be granted. It is true that the judgment of the High Court under appeal was pronounced on the 18th Octobe....