INCOME-TAX OFFICER Vs. GWALIOR TEXTILES
LAWS(ALL)-1984-5-64
HIGH COURT OF ALLAHABAD
Decided on May 31,1984

INCOME-TAX OFFICER Appellant
VERSUS
Gwalior Textiles Respondents




JUDGEMENT

- (1.)The common contention in all these appeals is that the AAC had erred in cancelling the orders of the ITO cancelling the registration of the firm earlier granted to it.
(2.)The assessee, which is a firm, is constituted under a partnership deed dated 19-1-1973. It consists of six partners, namely, Haji Jalaluddin, Ziauddin, Salahuddin, Alauddin, Mohd. Ansari and Km. Fatima Khatoon. Besides tow minors, namely, Abu Bakar and Imtiaz Ahmad had been admitted with the mutual consent of the partners to the benefits of the partnership under section 30 of the Indian Partnership Act, 1932. Clause (3) of this partnership deed is relevant which is reproduced below :
"That the partners shall share the profits and losses arising out of the partnership business in the ratios mentioned below :
JUDGEMENT_64_LAWS(ALL)5_1984.html
(3.)The assessee-firm filed an application in Form No. 11/11A of the Income Tax Rules, 1962 for the assessment year 1973-74 on 27-3-1973. Its accounting year for the above assessment year was to end on 31-3-1973. The ITO found that application had been filed within the prescribed period of time and that all the legal formalities had also been complied with. He, accordingly, passed an order under section 185(1)(a) of the Income Tax Act, 1961 (the Act), granting registration to the assessee-firm. The order was passed by him on 17-7-1974. The renewal of registration was also allowed under section 184(7) of the Act for all the subsequent years now under appeal.


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