Kerala Court February 1983 Judgments

Commissioner of Income-tax Vs. K.C. Thomas and Co.

Court: Kerala

Reported in: [1983]142ITR332(Ker)

Paripoornan, J. 1. At the instance of the Commissioner of Income-tax, Kerala-I, the Income-tax Appellate Tribunal, Cochin Bench, has referred the following question of law for the decision of this court :'Whether, on the facts and in the circumstances of the case, the assessee-firm is not entitled to registration for the assessment year 1973-74 and continuation thereof for the assessment year 1974-75, despite the fact that it is a genuine and lawfully constituted firm ?'2. The assessee, respondent in these proceedings, is a firm consisting of five partners, namely, Sri. K. C. Thomas, Smt. Aniyamma Sebastian, Sri Ouseph Varkey, Sri M. J. Varkey and Sri Joseph James. The firm was constituted by a deed dated May 10, 1972, to take effect from April 1, 1972 (annex. A). We are in these proceedings concerned with the registration of the firm for the year 1973-74 and its continuance for the year 1974-75. Clause 13 of the deed is as follows :'For the sake of convenience and to facilitate the ob...