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august 1985

Supreme Court of India · 1985-08-29

COMMISSIONER OF INCOME TAX PATIALA vs MlS. JAGANNATH PYARELAL

Citation / case number
SC 1985/67001
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX PATIALA
Respondent
MlS. JAGANNATH PYARELAL
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the refusal of registration of a firm under Section 26A of the Indian Income Tax Act, 1922 was incorrect, as the High Court found that the partner Rabinder Kumar had acquiesced in the firm's existence despite not signing the application. The Court reiterated the essential conditions for registration, including the need for a genuine partnership and proper application signed by all partners. The judgment of the Punjab & Haryana High Court was upheld, allowing the registration of the firm.

COMMISSIONER OF INCOME TAX PATIALA vs MlS. JAGANNATH PYARELAL · Niyam