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1. Entitlement to registration for a firm under a deed of partnership dated December 28, 1971. Analysis: The case involved a question of whether an assessee-firm was entitled to registration for the period from December 28, 1971, to November 6, 1972, under a deed of partnership dated December 28, 1971. The firm initially consisted of two partners, with minors admitted to the benefits of the partnership. A new partnership deed was executed on December 28, 1971, showing a new partnership between different partners. The Income-tax Officer refused registration to the firm, citing concerns about the genuineness of the firm's constitution as specified in the new partnership deed. The Appellate Assistant Commissioner also denied registration, relying on a decision by the Calcutta High Court that disallowed piecemeal registration. The Tribunal found that the new partnership actually came into effect from December 28, 1971, based on the facts of the case. The legal provisions under sections 184 and 185 of the Income-tax Act were analyzed. It was highlighted that there is no requirement in the law that registration can only be granted if the firm remains in existence throughout the entire previous year. The court referred to the decision in Wazid Ali Abid Ali v. CIT, where the Supreme Court held that the benefit of registration can be granted to a firm even for a part of the previous year. The court also cited a decision by the Rajasthan High Court that supported granting registration up to the date of a partner's death. The court emphasized that the Calcutta High Court's view against piecemeal registration was no longer valid in light of subsequent legal interpretations. Ultimately, the court held that the assessee-firm was entitled to registration for the period in question under the deed of partnership dated December 28, 1971. The judgment favored the assessee, and the reference was disposed of with no order as to costs.
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