- (1.) The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the opinion to this court : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in holding that the assessee was entitled to the registration on the partnership deed dated December 26, 1968 ?"
(2.) The reference relates to the assessment years 1970-71 to 1973-74. Briefly stated the facts giving rise to the present reference are as follows ;
(3.) The assessee-respondent is a firm, which was constituted under the partnership deed dated December 26, 1968, and consisted of three persons, namely, Kanhaiya Lal, Smt. Kawlapati Devi and Smt. Rudrani Devi, sharing profit and loss in the ratio of 50 per cent., 25 per cent, and 25 per cent., respectively. The firm applied for registration in the assessment year 1970-71. The partnership deed was filed on January 7, 1969. The Income-tax Officer did not grant registration to the firm on the ground that the lady partners have not put their signatures on the partnership deed as also in the application for registration and on the other hand there were their thumb impressions. The Appellate Assistant Commissioner confirmed the refusal of grant of registration as well as its renewal. However, the Tribunal has allowed the appeal and had directed for grant of registration as also its renewal.;