TMI Blog1991 (1) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... iled on July 30, 1982 ? " The facts are in a narrow compass. In the assessment year 1982-83, the assessee-firm comprised six partners. The firm was treated as a registered firm under section 185(1) of the Act. For claiming benefit of continuation of registration, the assessee-firm filed a declaration in Form No. 12 on July 30, 1982. The said declaration was not signed by one of the partners, namely, Lakshmidass Toolsidass. The Income-tax Officer granted continuation of registration to the firm. The Commissioner of Income-tax, however, set aside the said order under section 263 of the Act as, according to him the declaration in Form No. 12 submitted by the assessee was defective. Pursuant to the said direction, the Income-tax Officer compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, in the instant case, one of the partners, Lakshmidass Toolsidass, since deceased, did not sign the prescribed declaration. The question is whether, on the facts of this case, the omission on the part of the said Lakshmidass Toolsidass, since deceased, to sign the prescribed declaration would affect the continuation of registration of the firm. This question has to be considered in the light of the facts found by the Tribunal. Admittedly, at the material time, the firm was not dissolved. Clause 12 of the partnership deed provides that any partner who habitually misconducts himself in running the business of the firm may be expelled from the firm if a majority of the partners so agree and decide. According to the assessee-firm, the said La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the declaration for continuation of registration has to be signed by the existing partners who are the persons concerned in the continuation of registration. Lakshmidass Toolsidass, since deceased, was expelled from the partnership firm and as such he could not have signed the declaration as a partner thereof until such expulsion was set aside. Secondly, there was an order of injunction on the said Lakshmidass Toolsidass since deceased, restraining him from acting or holding himself out as a partner of the firm. Therefore, the prescribed declaration was signed by all the existing partners. Since the deceased Lakshmidass Toolsidass has been expelled from the partnership-firm, the question of obtaining the signature of his legal representativ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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