Supreme Court of India · 1956-02-08
MESSRS PRATAPMAL LUXMICHAND vs COMMISSIONER OF INCOME-TAX, MADHYAPRADESH.
- Citation / case number
- SC 1955/132
- Court
- Supreme Court of India
- Petitioner
- MESSRS PRATAPMAL LUXMICHAND
- Respondent
- COMMISSIONER OF INCOME-TAX, MADHYAPRADESH.
- Bench
- BHAGWATI, NATWARLAL H.
Judgment text excerpt
The Supreme Court held that under Section 26-A of the Indian Income-tax Act, 1922, and Rule 2 of the Indian Income-tax Rules, 1922, the Appellate Assistant Commissioner lacks the authority to direct the registration of a firm if the application is not duly signed by all partners prior to assessment confirmation. The Court found that the Appellate Assistant Commissioner improperly ordered registration after the fact, as the law requires all signatures to be present at the time of application submission. Consequently, the Court upheld the Income-tax Officer's refusal to register the firm due to the absence of one partner's signature.