Mobarak Ali Khan and Sons vs Income Tax Officer, A-Ward

Satish Chandra, C.J.—The question refers to the assessment year 1968-69. Ahsan AH Khan who had been admitted to the benefits of the assessee-partnership firm attained majority on November 18, 1967. On January 1, 1968, a fresh partnership deed was executed in which the minor Ahsan Ali Khan became a fullfledged partner. The relevant accounting period for the assessment year ended on December 31, 1967. Therefore, for purposes of this year, the position was that the minor became major on November 18, 1967, and before he could exercise the option within the given period of six months, the year ended. The position is that till the end of the year in question, there has been no change in the constitution of the firm as held in Commissioner of Income Tax Vs. Mathura Prasad Annoolal, . In this view, the firm was entitled to continuance of registration. The Tribunal was in error in holding that there has been a change in the constitution of the firm. The question of law whether there was a change in the constitution of the assessee-firm in the accounting year is, therefore, answered in favour of the assessee and against the department. In view of our answer to question No. 1, the second question becomes superfluous and the same is returned unanswered.

The assessee will be entitled to costs which are assessed at Rs. 200.