1976 (10) TMI 28

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..... istration was granted to the firm on the basis of the deed of partnership dated September 17, 1962. Registration was continued for the accounting years 1963-64, 1964-65, 1965-66 and 1966-67. Declaration for continuation of registration for the accounting years 1967-68 and 1968-69 were also filed and continuation of registration was granted by the Income-tax Officer. The continuation of registration for the accounting years 1967-68 and 1968-69 was, however, cancelled by the Additional Commissioner of Income-tax on the ground that there was no deed of partnership in existence during the relevant accounting years. On appeal by the assessee, the Tribunal set aside the order of the Additional Commissioner of Income-tax on the ground that a deed .....

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..... time allowed under sub-section (1) or sub-section (2) of section 139 (whether fixed originally or on extension) for furnishing the return of income for such subsequent assessment year, a declaration to that effect, in the prescribed form and verified in the prescribed manner, so, however, that where the Income-tax Officer is satisfied that the firm was prevented by sufficient cause from furnishing the declaration within the time so allowed, he may allow the firm to furnish the declaration at any time before the assessment is made. (8) Where any such change has taken place in the previous year, the firm shall apply for fresh registration for the assessment year concerned in accordance with the provisions of this section." It will be use .....

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..... for the purposes of registration under that Act. Similarly, section 184(1) and (5) prescribe the existence of an instrument of partnership for the purposes of the original registration of a firm. But, for continuation of registration under section 184(7), the existence of a deed of partnership is no longer necessary. All that is necessary is that the firm continues as before whether there is a deed of partnership currently in force or not. The language of sub-section (7) is mandatory that registration once granted shall have effect for every subsequent year provided the relevant declaration is made. It does not stipulate the current subsistence of a deed of partnership. Shri D.N. Awasthy, learned counsel for the revenue, relied upon Commi .....

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