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Issues:
1. Entitlement to registration under section 185 of the Income-tax Act, 1961 for an assessee-firm. 2. Validity of the endorsement made by a minor partner on the partnership deed. 3. Requirement of all partners signing the partnership deed for registration. 4. Interpretation of section 184 and rules regarding registration of firms. Detailed Analysis: 1. The judgment addressed the issue of whether the assessee-firm was entitled to registration under section 185 of the Income-tax Act, 1961. The firm applied for registration for the assessment year 1967-68, but the Income-tax Officer refused registration on the grounds that no fresh deed was executed when a minor partner attained majority and that profit-sharing ratios were not specified in the partnership deed. The Appellate Assistant Commissioner overturned the decision, stating that the endorsement by the minor partner sufficed. The Tribunal also ruled in favor of the firm, considering the endorsement as a new instrument of partnership. The High Court concurred, emphasizing that the partnership's existence can be proved through transactions and declarations, and the endorsement, along with the registration application, demonstrated the partnership's validity. 2. The judgment delved into the validity of the endorsement made by a minor partner on the partnership deed. The minor partner, upon attaining majority, endorsed the deed expressing consent to continue as a partner. The Income-tax Officer contended that this endorsement was insufficient for registration, as the partner did not sign the original partnership deed. However, the High Court opined that the endorsement, coupled with the registration application signed by all partners, established the partnership's existence and entitlement to registration. 3. The issue of whether all partners must sign the partnership deed for registration was also examined. The revenue argued that registration required all partners to execute the deed, and since the minor partner did not sign, registration was invalid. Conversely, the assessee-firm contended that the endorsement and application signed by all partners were adequate for registration. The High Court agreed with the assessee, emphasizing that the partnership's existence could be proven through means other than a deed signed by all partners, such as transactions and declarations. 4. The judgment analyzed the interpretation of section 184 and relevant rules concerning the registration of firms. The revenue argued that registration could only be granted when a partnership deed executed by all partners was submitted. However, the High Court held that the partnership's existence could be established through various means, and the endorsement by the minor partner, along with the registration application, fulfilled the requirements for registration under the Income-tax Act. Citing precedents, the court affirmed that not all partners needed to sign the partnership deed for registration, as long as there was assent and application by all partners.
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