TMI Blog1979 (7) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... S. P. SINGH J.--The assessee-firm consisted of 5 partners with two minors admitted to its benefits, being constituted by a deed of partnership dated 29th October, 1965. The minors were Sri Krishna Chandra and Sri Manoj Kumar. The present reference is concerned with the assessment year 1968-69 for which the relevant accounting period ended on 12th November, 1967. Krishna Chandra, one of the two mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. It also took the view that the assessee was not entitled to the benefit of registration even for that part of the previous year during which Krishna Chandra continued to be a minor. In taking this view the Tribunal drew support from the decision of this court in CIT v. Wajid Ali Abid Ali [1972] UPTC 532 (All). At the instance of the assessee, the Tribunal has referred the following two quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to become a full-fledged partner ? " Both the decisions, that is, in Ganesh Lal's case [1968] 68 ITR 696 (All) and Wajid Ali's case [1972] UPTC 532 (All), now stand overruled by the Full Bench decision of this court in the case of Badri Narain Kashi Prasad v. Addl. CIT [1978] 115 ITR 858. It has been held that a change in the constitution of the firm does not take place in every case where a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p the matter in appeal before the Supreme Court which is receiving consideration there. As at present advised, we do not think that the Full Bench decision requires prompt reconsideration. We, accordingly, abide by that decision. We, accordingly, answer the first question in the negative, but the Tribunal should reconsider the question of change in the constitution of the firm in the light of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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