DELIGHT STORES Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE short point that arises for consideration in this petition under Article 226 of the Constitution is whether change of name amounts to a change in the constitution of a firm. THE point arises thus : Two persons, Parasrara and Ishwar Lal, entered into partnership. THE deed of partnership is dated April 30, 1963. THEir shares were 60% and 40% respectively. It was agreed that the business of the firm should be carried under the name and style of Messrs. White ways General Stores as its head office, and Messrs. Anarkali as its branch office. THE firm applied for registration for the assessment year 1964-65. Registration was granted. It was renewed for the assessment year 1965-66.

(2.) ON April 1, 1965, the two partners executed an agreement in order to change the name of the firm. The name of the firm at the head office was changed from "Messrs. Whiteways General Stores" to "Messrs. Delight Stores" and the name "Messrs. Anarkali" at the branch office was changed to "Royal Hosiery."

(3.) IT is common ground that Parasram and Ishwar Lal have continued as partners of the firm in spite of the agreement dated April 1, 1965, and their shares have remained unaltered. The only change is alteration of the name of the firm.