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Issues:
Appeal against cancellation of registration of assessee firm for the assessment year 1977-78. Detailed Analysis: 1. Background and Facts: - The appeal was filed by the assessee against the order of the AAC upholding the cancellation of registration of the assessee firm for the assessment year 1977-78. - The firm, initially constituted of three partners, saw a change in partners on 3rd November 1975, with two new partners admitted and a fresh partnership deed executed. - The ITO refused registration for the assessment year 1977-78, citing that the profits were not distributed in accordance with the terms of the new partnership deed. 2. Arguments before the AAC: - The assessee contended that the new partnership with four partners came into existence from 17th January 1976. - The AAC upheld the ITO's decision, noting that the firm continued with the original three partners until 17th January 1976 based on the documents submitted. 3. Arguments before ITAT: - The counsel for the assessee reiterated the contentions made before the AAC and stated that the firm should be treated as unregistered for the period before 17th January 1976. - The counsel also referred to legal precedents and argued for registration based on compliance with procedural formalities. 4. ITAT Decision: - The ITAT held that the firm was entitled to registration from 17th January 1976 to 22nd October 1976, as all legal formalities were complied with during this period. - However, for the period before 17th January 1976, the firm was to be treated as unregistered due to the non-distribution of profits as per the partnership deed. - The decision was supported by a precedent where a firm was granted registration for a specific period based on compliance with procedural requirements. 5. Conclusion: - The appeal was partly allowed, granting registration to the firm for the period from 17th January 1976 to 22nd October 1976 and treating it as unregistered for the period before 17th January 1976.
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