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TMI Blog1972 (6) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal under section 256(1) of the Income-tax Act, 1961, is as follows : "Whether the refusal to grant registration to the assessee-firm on the basis of the document dated October 1, 1961, was justified ? " The assessee, claiming to be a partnership firm, applied for registration under section 184 of the Act and claimed that the partnership has been formed with effect from October 1, 1961, and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. (2) The partnership shall be deemed to have come into force on October 1, 1961. The above rectification deed was also produced before the Income-tax Officer and it was urged on behalf of the assessee that the date October 1, 1961, mentioned in the document is a mistake for October 20, 1961, and that actually the document had been executed only on October 20, 1961, though the partnership was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no valid partnership deed in writing, the registration has rightly been refused by the Income-tax Officer. He, however, did not go into the question as to whether a partnership was genuinely constituted or not. On appeal, the Appellate Tribunal also took the same view. The Appellate Tribunal, without going into the question as to whether there was a genuine partnership constituted as contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as no genuine partnership and that the parties wanted to make it appear that by this document there has been a genuine partnership while there was none. Inconsistency in the dates may be relevant for the purpose of finding out the genuineness or otherwise of the partnership. But, if the partnership is genuine and the inconsistency in the dates is due to a mistake as contended by the assessee, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e document dated October 1, 1961. In our view, the Tribunal should have gone into the question as to whether the partnership was genuine and whether the partnership deed produced evidenced such a genuine partnership. Its disposal of the appeal on the ground that the partnership deed as such is invalid cannot be accepted. We have to, therefore, answer the reference technically in favour of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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