TMI Blog1985 (8) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... artnership must be signed personally by each partner - the registration of the firm has rightly been refused - - - - - Dated:- 29-8-1985 - Judge(s) : RANGANATH MISRA. and SABYASACHI MUKHERJEE. JUDGMENT The judgment of the court was delivered by SABYASACHI MUKHARJI J.- Special leave is granted in the above mentioned two petitions. These appeals by special leave arise out of a decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rabinder Kumar. A fresh deed was executed to that effect on April 1, 1959, and an application dated September 2, 1959, for registration of the said firm under s. 26A of the said Act was filed on September 30,1959. Shri Rabinder Kumar had left India for United States of America for prosecuting his studies on January 29, 1959. It was found by the Tribunal that Rabinder Kumar had not signed the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sons v. CIT [1959] 36 ITR 194. This court held that (headnote) : " In order that a firm may be entitled to registration under section 26A of the Income-tax Act, the following essential conditions must be satisfied, viz., (i) the firm should be constituted under an instrument of partnership, specifying the individual shares of the partners; (ii) an application on behalf of, and signed by, all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n I.T. Act, 1922. The law enjoins that the deed of partnership must be signed personally by each partner and this position is settled by the decision of this court in Rao Bahadur Ravulu Subba Rao v. CIT [1956] 30 ITR 163 at page 166. Furthermore, rules 2 and 4 of the I.T. Rules, 1922, enjoin that the application for registration must be made within a period of six months of the constitution of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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