COMMISSIONER OF INCOME-TAX Vs. MADAN SOAP FACTORY

JUDGEMENT

(1.) TWO sons and their mother constituted a partnership firm, the assessee before us, and it was granted registration for the assessment year prior to 1977-78. The mother died on March 18, 1977. The assessee applied for renewal of registration in Form No. 12 to the Income-tax Officer up to March 18, 1977. Whether, for part of the year till change took place in the constitution of the assessee's-firm, registration could be renewed or continued was the point which fell for determination by the Tribunal and the Tribunal, on the basis of its earlier decision in Gobind Ram Vishan Dass, allowed registration up to March 18, 1977, On these facts, the following question has been referred by the Appellate Assistant Commissioner for the opinion of this court:

(2.) WE have decided in the case of CIT v. Gobind Ram Vishan Dass [1989] 178 ITR 682 (P and H) (Income-tax Reference No; 47 of 1981 decided on January 16, 1989) and have come to the conclusion that registration for part of the year till the date of change in the constitution of the firm could be renewed in Form No. 12. Accordingly, for the reasons recorded therein, we answer the posed question in favour of the assessee, that is, in the affirmative, leaving the parties to bear their own costs.