1939 (10) TMI 12

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..... registered under the Indian Income Tax Rules, 1922, and as such were entitled to the benefits accruing to a registered firm under the Act. Rule 2 of the Statutory Rules requires a firm constituted under an instrument of partnership to register with the Income Tax Officer the particulars contained in the instrument. An application of this nature must be made by the partners or one of them. The app .....

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..... he deed did not provide for a renewal and no fresh instrument was executed after the expiration of the period on the 22nd August, 1937. The Income Tax Officer refused to register the firm for the assessment year 1937-38 on two grounds : (i) The application was not made by any of the partners, but was signed by a clerk, and it was not accompanied by a certificate signed by one of the partners that .....

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..... no instrument of partnership within the meaning of rule 2. Moreover, the fact that the application was not made by one of the partners but was signed by a clerk rendered the application invalid. It was also incomplete as it was not accompanied by a certificate signed by one of the partners. As I have stated the answer to the question referred is in the affirmative, and the assessees m .....

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