9911796707
|
Home
Issues:
1. Continuation of registration of a partnership firm for the assessment year 1981-82. 2. Validity of certificates submitted by the assessee regarding the minors' date of birth. 3. Whether the minors attaining majority during the assessment year affects the continuation of registration. Analysis: The appeal before the Appellate Tribunal ITAT Allahabad pertains to the continuation of registration of a partnership firm for the assessment year 1981-82. The firm, consisting of minors admitted to the benefits of partnership, applied for continuation of registration by filing Form No. 12. The Assessing Officer raised concerns regarding the authenticity of the minors' date of birth certificates submitted by the assessee, leading to a dispute over the continuation of registration. The AAC had allowed the appeal, directing the ITO to grant registration, which is now being challenged before the Tribunal. During the proceedings, the Departmental Representative argued that the certificates were forged, alleging that the minors had attained majority during the assessment year. On the other hand, the assessee contended that there was no evidence of the minors attaining majority and that even if they did, the firm should still be entitled to registration as the minors had not opted out of the partnership. Reference was made to the case of Vaish Pharmacy to support this argument. The Tribunal considered the contentions of both sides and observed that while the certificates submitted were deemed forged, there was no proof that the minors had attained majority during the assessment year. Citing the case of Vaish Pharmacy, the Tribunal emphasized that as long as the minors did not opt out of the partnership, the continuation of registration should not be refused. The Tribunal highlighted the legal position that a minor admitted to the benefits of a partnership is considered a partner entitled to all benefits under the law, and the mere fact of a minor attaining majority does not alter the firm's constitution if they choose to remain a partner. Regarding the argument that one of the minors should be presumed to have attained majority due to marriage, the Tribunal clarified that under Mohammedan Law, the Indian Majority Act does not apply to matters of marriage. Without evidence, puberty is presumed at the age of 15 for Mohammedans, and it cannot be assumed that the minor attained majority based solely on marriage in the absence of proof. Ultimately, the Tribunal found no merit in the appeal and dismissed it, upholding the continuation of registration for the partnership firm for the assessment year 1981-82 based on the legal principles discussed and the absence of evidence supporting the Department's contentions.
|
