Supreme Court of India · 1964-12-01
KYLASA SARABHIAH, BOMBAY CLOTH SHOP,SECUNDERABAD vs COMMISSIONER OF INCOME-TAX, ANDHRA PRADESH
- Citation / case number
- SC 1964/90456
- Court
- Supreme Court of India
- Petitioner
- KYLASA SARABHIAH, BOMBAY CLOTH SHOP,SECUNDERABAD
- Respondent
- COMMISSIONER OF INCOME-TAX, ANDHRA PRADESH
- Author
- GAJENDRAGADKAR, P.B. (),HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.,BACHAWAT, R.S.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.,BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court ruled that under Section 26-A of the Income Tax Act, 1922, if the statutory conditions for registration of a firm are met, the Income Tax Officer cannot reject the application based on stipulations not included in the partnership agreement. The Court clarified that 'specify' in this context means to mention or describe in detail, not necessarily in fractional shares. The appeal was allowed, overturning the lower courts' decisions that denied registration due to the partnership deed's deficiencies.