But the registration was refused by the Income tax Officer and an appeal taken against that order to the Assistant Commissioner was dismissed.
Further appeal was taken to the Income tax Appellate Tribunal which also failed.
21 of the old partnership deed in the new deed.
The appellant firm then applied for registration for the assessment year 1955 56.
N. Sanyal, Additional Solicitor General of India, N. Rajagopala Sastri and D. Gupta, for the respondent.
V. Viswanatha Sastri, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
The parties had therefore agreed to rectify the error by adding cl.
Appeal from the judgment and order dated March 25, 1958, of the Madras High Court in case Referred No.
Thereupon the appellant submitted the deed of rectification dated September 17, 1955, above mentioned and submitted that the original deed did specify the shares of the partners and the deed of rectification only clarified the position.
At the request of the appellant the following question was referred to the High Court for its opinion Whether the assessee firm is entitled to registration u s. 26 A of the Income tax Act for the assessment year 1955 56.
424 of 1960.
The previous partnership deed was companysidered as the principal deed.
This is signed by all the partners.
40,000 as his share to the capital but in the partnership deed numberexpress provision was made as to the manner in which profits and losses were to be divided between the partners.
Up to the end of assessment year 1954 55 the old firms i.e., the one companystituted of four partners and the other companystituted of five partners were registered under s. 26A of the Income Tax Act hereinafter termed the Act .
The Judgment of the Court was delivered by KAPUR, J. This is an appeal against the judgment and order of the High Court of Judicature at Madras.
On July 27, 1951 another partner was taken into partnership and a new deed was drawn up.
The Income Tax Officer pointed out to the appellant firm that there was numberspecification of shares of the partners in the deed of partnership.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
March 13.
The new partnership like the old one was to end on March 31, 1954.
In order to rectify this, a deed of rectification was executed on September 17, 1955, which was after the close of the account year 1954 55.
On March 29, 1954, a new partnership was entered into and a sixth partner was taken and a new deed was executed.
This deed recited that an error had crept in in typing the partnership deed dated March 29, 1954 by omitting to type el.
The new partner companytributed Rs.
A partnership companysisting of four persons was formed by a deed of partnership dated March 31, 1949.
The assessee is the appellant and the Commissioner of Income tax is the respondent.
62 of 1957.
