The application for registration under the 1961 Act was for registration of the firm which was in existence throughout the length of the previous year in relation to the first assessment year under the Act of 1961.
The Tribunal, thereafter upheld the order of the Income tax officer.
1912 NT of 1974 From the Judgment and order dated 23rd November.
There was a reference to the High Court.
On September 29, 1962, the firm applied for registration under the Act in Form 11A. The Income tax officer refused registration on the ground that the case fell under section 184 7 of the Act.
Under the Act of 1922, application for renewal of registration meant application for registration every year and had the effect of registering the firm every year.
From November 9, 1961, a new instrument of partnership came into existence.
It was held by the High Court that the application was filed in September, 1962.
There was a change in the companystitution of the firm on the last day of the previous year relevant to the assessment year 1962 63 on 8th November.
A registration granted under the Act of 1922 would number have the effect of companytinuing the registration for the assessment year 1962 63 to which the Act of 1961 became applicable.
On that date the companystitution of the firm had changed.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
46 of 1969.
1973 of the Patna High Court in Tax Case No.
Under the Act of 1961 when once registration was granted under the Act of 1922 to any firm for any assessment year it enured for subsequent years also unless there was a change in the companystitution of the firm.
C. Manchanda, K.P. Bhatnagar and Miss A. Subhashini for the Appellant.
A renewal of registration granted under the Act of 1922 is number a recognition granted or order issued within the meaning of section 297 2 k of the 1961 Act and was, therefore, number saved by the provisions of that section.
The Judgment of the Court was delivered by SABYASACHl MUKHARJl, J. This is an appeal from the decision and judgment of the High Court of Patna dated 23rd November, 1973.
The assessee firm was registered in 1945 under the Indian Income Tax Act, 1922.
The registration was upto the assessment year 1961 62.
