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Reference Case No. 5 of 1965, decided on 15th March 1968.

S. 26‑A‑Registration of firm to be allowed with effect from date of execution of partnership deed.

Commissioner of Income‑tax, East Pakistan v: Noor Hussain P L D 1964 S C 657 rel.

Afzalul Hoque for Applicant.

A. H. Mirza with M. Hasan for Respondent.

Date of hearing : 15th March 1968.

‑The Income‑tax Appellate Tribunal, Dacca Bench, Dacca has referred the following questions for our opinion:

"Whether on the facts and in the circumstances of the case the Tribunal was right in allowing registration under section 26‑A of the Income‑tax Act for the whole of the accounting year from 10th May 1959 to 27th April 1960, on the basis of the deed of partnership executed on 31st July 1959 "

In this case the accounting year for which the firm was assessed commenced on 10‑5‑59 and ended on 27‑4‑60, that is, assessment year in 1960‑61, Mr. Afzalul Hoque learned Advocate for the Commissioner of Income‑tax as well as Mr. A. H. Mirza learned counsel for the respondent have submitted that the law has now been settled by the Supreme Court in the case of Commissioner of Income‑tax, East Pakistan v. Noor Hussain (P L D 1964 S C 657) and it has been held in that case that a partnership firm should be, allowed registration with effect from the date of the execution of the deed of partnership and in this case the deed of partnership was executed on 31‑7‑59.

Learned Advocates have rightly submitted that the registra tion should be allowed with effect from 31st July 1959, in accordance with the law laid down by the Supreme Court.

We accordingly answer the question in the negative and hold that in this case the registration is to be allowed with effect from the 31st July 1959.

We leave the parties to bear their own costs:

.‑‑I agree.

S. Q. Reference answered in the negative.

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