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TMI Blog1963 (8) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... isting of three partners with equal shares. The instrument of partnership is dated April 5, 1957. The assessee applied for registration under section 26A of the Indian Income-tax Act, 1922, for the assessment year 1958-59 on March 31, 1958. On the same day the assessee also applied for the registration of the firm under section 58(1) of the Indian Partnership Act, 1932. According to section 58(1), the registration of a firm may be effected at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating- (a)the firm name, (b)the place or principal place o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the firm cannot be considered as having been registered under the Indian Partnership Act, 1932, on March 31, 1958, when the statement was delivered to the Registrar, the question referred has to be answered in the negative and against the assessee. The statement filed on that day was returned by the Registrar on the ground that it was not in order and we cannot but hold that there was no registration under the Indian Partnership Act, 1932, before the end of the previous year 1957-58. In (Firm) Ram Prasad-Thakur Prasad v. (Firm) Kamta Prasad-Sita Ram AIR 1935 All. 898, 899 it was contended that registration is effected as soon as there has been a compliance with the provisions of section 58 of the Indian Partnership Act, 1932. Kendall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement shall have been received a certificate of the registration thereof. Lindley in dealing with these provisions says: It is apprehended that registration is complete as soon as the prescribed statement has reached the Registrar ; and that the filing of the statement and issue of the certificate are ministerial acts the omission of which would not deprive a limited partnership of the benefits of the Act. It is unnecessary to evaluate this line of reasoning. We are not dealing with a case where section 58 has been complied with and only section 59 has not been satisfied. We are dealing with a case where the statement delivered has been returned by the Registrar and section 58 itself does not come into operation. Section 58 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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