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Issues:
- Interpretation of Section 26A of the Indian I.T. Act, 1922 regarding renewal of registration for a firm under partnership. - Whether an application for renewal of registration for an assessment year is required to be signed by all partners, including minors admitted to the benefits of partnership. Analysis: The judgment pertains to a reference under section 256(1) of the Income Tax Act, 1961, involving the interpretation of Section 26A of the Indian I.T. Act, 1922, regarding the renewal of registration for a firm under partnership. The primary issue was whether an application for renewal of registration for an assessment year is required to be signed by all partners, including minors admitted to the benefits of the partnership. The case involved M/s. Ganpatji Tuniyabhai of Khargone, where the Income Tax Officer (ITO) rejected the renewal application on the grounds that minors admitted to the benefits of partnership had signed the deed of partnership, making them full-fledged partners. However, the Appellate Assistant Commissioner (AAC) held that the signature of the guardian of the minors on the deed of partnership was not fatal. The crucial point of contention was the non-signing of the application by a minor who had attained majority at the time of renewal. The Tribunal's decision was based on the fact that the minor in question was indeed a minor during the accounting year when the original partnership deed was in force. As per Rule 6 of the Indian I.T. Rules, 1922, the application for renewal needed to be signed personally by partners who were not minors. Since the minor had been admitted to the benefits of the partnership during the relevant accounting year, the Tribunal concluded that the renewal application was not required to be signed by the minor who had attained majority by the time of renewal. This decision was supported by the relevant provisions and rules governing the renewal of registration for firms under partnership. The judgment distinguished a previous case where a minor had signed the application for registration after attaining majority, unlike the situation in the present case. The court highlighted that the department failed to provide any legal precedent supporting the rejection of the renewal application based on the non-signing of a partner who was a minor during the accounting year but had become a major at the time of renewal. Ultimately, the court upheld the Tribunal's decision, ruling that the firm was entitled to the renewal of registration for the assessment year in question despite the minor partner not signing the application after attaining majority. The court directed the department to pay the costs of the reference to the assessee, with fixed counsel's fee.
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