1985 (12) TMI 15 - HC - Income Tax

Summary

Issues:
Interpretation of the Income-tax Officer's order refusing registration under section 185(5) of the Income-tax Act, 1961.

Analysis:
The case involved a reference under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee regarding the justification of the Appellate Tribunal's decision on the Income-tax Officer's order refusing registration under section 185(5) of the Act. The relevant assessment year was 1973-74, where the Income-tax Officer refused registration under section 185(5) and completed the assessment. Subsequently, the Income-tax Officer granted registration without referring to the earlier refusal order, leading to the Commissioner of Income-tax intervening under section 263. The Tribunal upheld the Commissioner's decision that the Income-tax Officer had no jurisdiction to grant registration after refusal, but modified the order by canceling the subsequent assessment without remanding it. The main issue was whether the earlier refusal order was made under section 185(5) of the Act.

The High Court analyzed the facts and the content of the Income-tax Officer's order dated February 12, 1976, where it was explicitly stated that registration was refused under section 185(5) due to doubts about the firm's genuineness. The order clearly indicated that the business belonged to an individual, not the alleged firm. The Court emphasized that the order was a refusal under section 185(5) as it specifically mentioned the section and the reasons for refusal. The assessee also understood it as such, appealing under the relevant section. The subsequent registration granted without addressing the earlier refusal confirmed the initial order's nature. Therefore, the Court concluded that the Income-tax Officer's order dated February 12, 1976, was indeed a refusal under section 185(5) of the Act, as correctly determined by the Tribunal.

In conclusion, the High Court answered the reference against the assessee, affirming the Tribunal's decision that the Income-tax Officer's order refusing registration was passed under section 185(5) of the Act. The Revenue was awarded costs for the reference, including counsel's fee.