1965 (11) TMI 15

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..... ch, under section 66(2) of the Indian Income-tax Act, 1922. The question referred is : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in refusing registration of the firm ?" The registration sought was in respect of the assessment year 1960-61. The accounting period concerned was the twelve months from April 1, 1959, to March 31, 1960. Annex .....

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..... arch 23, 1959, as can be seen from the endorsement made by the vendor of that stamp paper. In view of this the Appellate Tribunal came to the conclusion that the deed of partnership could not have been executed on March 1, 1959, that is, 22 days prior to the purchase of the stamp paper itself. Section 26A of the Indian Income-tax Act, 1922, reads as follows: "(1) Application may be made to the .....

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..... ership but also those which may have been created by word of mouth but have been subsequently clothed in legal form by reducing the terms and conditions of the partnership to writing. In other words, firms which were created by word of mouth but the constitution of which has subsequently been reduced to writing can also be registered under the section. We are, however, not dealing with a case in .....

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..... ment during the accounting year specifying the individual shares of the partners. " In this case it is not possible to say that the partnership was factually in existence during the whole of the accounting year. The accounting period with which we are concerned, as already stated, is the twelve months from April 1, 1959, to March 31, 1960. All that can be said is that the deed of partnership was .....

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..... was, as a matter of fact, created on that date, we cannot but hold that the Appellate Tribunal was right in affirming the refusal of registration by the Income-tax Officer by his order dated March 21, 1961. In the light of what is stated above, the question referred has to be answered against the assessee and in favour of the department. We do so; but, in the circumstances of the case, without a .....

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