1983 (9) TMI 79

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..... the Income-tax Appellate Tribunal referring for our answer the following questions of law : " (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that no fresh partnership deed is necessary when a minor attains majority ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in setting asi .....

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..... ers. It was held by the Commissioner that because of the minor attaining majority, there was a change in the constitution of the firm and that continuation registration could not be granted. The Tribunal, in appeal filed by the assessee, relied on certain circulars and held that continuation of registration could not be refused simply because one of the minors admitted to the benefits of the partn .....

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..... hat continuation of registration cannot be refused simply on the ground that a minor admitted to the benefits of the partnership has become a partner on attaining majority. But it can be refused on the ground that the eventuality of the minor becoming a partner on attaining majority was not foreseen in the deed of partnership and it does not provide for the distribution of profits and losses on th .....

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