1987 (9) TMI 41 - HC - Income Tax

Issues Involved:
1. Entitlement of a firm to continuation of registration in case of non-dissolution.
2. Interpretation of sub-section (7) of section 184 of the Income-tax Act, 1961.
3. Conflict between decisions in CIT v. Gopi Talkies, Raigarh and Ganesh Rice Mills v. CIT.
4. Requirements and implications of Form No. 12 and Form No. 11A under the Income-tax Rules, 1962.

Issue-wise Detailed Analysis:

1. Entitlement of a Firm to Continuation of Registration in Case of Non-Dissolution:
The primary issue addressed was whether a firm is entitled to the continuation of registration if it does not stand dissolved. The court examined the provisions of section 184 of the Income-tax Act, 1961, particularly sub-section (7), which deals with the continuation of registration of a firm. It was determined that the continuation of registration is possible only if there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership. If there is a change, fresh registration is required.

2. Interpretation of Sub-section (7) of Section 184 of the Income-tax Act, 1961:
Sub-section (7) of section 184, along with its proviso, was analyzed to determine that registration granted to any firm for an assessment year shall have effect for every subsequent assessment year only if there is no change in the constitution of the firm or the shares of the partners. If there is a change, the firm must apply for fresh registration for the assessment year concerned as per sub-section (8) of section 184.

3. Conflict Between Decisions in CIT v. Gopi Talkies, Raigarh and Ganesh Rice Mills v. CIT:
The court addressed the apparent conflict between the decisions in CIT v. Gopi Talkies, Raigarh, where continuation of registration was allowed till the death of a partner, and Ganesh Rice Mills v. CIT, where it was held that continuation of registration is only possible if the firm stands dissolved. The court sided with the decision in Ganesh Rice Mills, stating that sub-section (7) of section 184 read with Form No. 12 contemplates continuation of registration for part of a year only when the firm stands dissolved.

4. Requirements and Implications of Form No. 12 and Form No. 11A Under the Income-tax Rules, 1962:
The court examined the requirements of Form No. 12 and Form No. 11A under the Income-tax Rules, 1962. Form No. 12 is used for the declaration required under sub-section (7) of section 184, and it can only be used if there has been no change in the constitution of the firm or the shares of the partners or if the firm has been dissolved. Form No. 11A is used for applying for fresh registration when there is a change in the constitution of the firm or the shares of the partners. The court concluded that continuation of registration is only possible in the absence of changes or in the event of dissolution.

Conclusion:
The court concluded that the decision in Ganesh Rice Mills v. CIT lays down the correct law. Sub-section (7) of section 184 read with Form No. 12 allows for the continuation of registration for part of a year only when the firm stands dissolved. If there is a change in the constitution of the firm or the shares of the partners, fresh registration must be applied for in accordance with the new instrument of partnership. The matter was directed to be listed before the appropriate Bench for further decision.

← Previous Next →