1987 (5) TMI 13 - HC - Income Tax

Summary

Issues:
1. Appealability of the Income-tax Officer's order under section 184(7) before the Appellate Assistant Commissioner.
2. Validity of the direction given by the Appellate Assistant Commissioner to consider the contention of the assessee and pass a fresh order on the continuation of registration.

Analysis:

Issue 1:
The High Court referred to a previous decision in CIT v. Jugsalai Electric Supply Company [1987] 165 ITR 740, where it was held that an appeal by the assessee against the order rejecting the registration of the firm would be appealable. Consequently, the High Court answered the first question in the affirmative, in favor of the assessee and against the Revenue.

Issue 2:
Regarding the second question, the High Court examined the facts where one partner retired from the partnership, resulting in a change in the firm's constitution. The court noted that as per section 184(7) of the Income-tax Act, a change in the firm's constitution disentitles the firm to registration. The court found that there was no partnership firm between January 9, 1973, and March 31, 1973, due to the change in the constitution of the firm. The Appellate Assistant Commissioner's direction to consider the contention of the assessee and pass a fresh order on the continuation of registration was deemed incorrect by the High Court. The court highlighted that the proviso to section 187 was a bar to the continuation of registration in this case, not the grant of registration. Therefore, the High Court answered the second question in favor of the Revenue and against the assessee.

In conclusion, the High Court ruled in favor of the assessee on the first issue related to appealability but sided with the Revenue on the second issue concerning the continuation of registration. The court directed that a copy of the judgment be transmitted to the Assistant Registrar, Income-tax Appellate Tribunal, in accordance with section 260 of the Income-tax Act, 1961.