TMI Blog1996 (2) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... 985 (see [1989] 175 ITR 309), the Income-tax Appellate Tribunal, Indore Bench, Indore, has under section 256(1) of the Income-tax Act, 1961 (for short " the Act "), referred the following question of law to this court for its opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was not a genuine partnership firm because t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e terms and conditions of the instrument of partnership. He, therefore, vide his order dated December 7, 1981, refused to grant registration. The assessee went in appeal before the Appellate Assistant Commissioner who, however, upheld the decision of the Income-tax Officer, vide his order dated April 23, 1983. The assessee then came up in the second appeal before the Tribunal. The Tribunal also en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, (i) whether the application for registration is in conformity with the Act and the Rules, and (ii) whether the firm shown in the document presented for registration is a bogus one or has no legal existence. Under the Indian Income-tax Rules, 1922, an application for registration had to contain a recital that the partners certified that the profits or losses of the previous year were divided or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stribution of profits. The mistake, however, appeared to be bona fide inasmuch as it was rectified on November 15, 1982, by making an adjustment entry. We find that the Tribunal did not accept the situation as mistake as a result of repetition of mistakes. In our view, this was not the correct approach. The fact remains that the assessee immediately on discovery of the mistake has properly correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal was not justified to label the partnership as ungenuine and pass the order on that basis. Our answer to the question referred to this court by the Tribunal is, therefore, against the Revenue and in favour of the assessee. We, however, make no order as to costs of this reference. Counsel fee for each side is fixed at Rs. 750, if certified. A copy of the order be sent to the Tribunal. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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