1984 (8) TMI 35 - HC - Income Tax

Summary

Issues:
1. Validity of filing a common appeal against separate orders on registration and assessment.
2. Existence of business activity during the relevant assessment year.
3. Entitlement to registration under section 185 of the Income-tax Act, 1961.

Analysis:
1. The assessee filed a return for the assessment year 1969-70, claiming to be a partnership firm eligible for registration under section 185 of the Income-tax Act, 1961. The Income Tax Officer (ITO) rejected the registration claim, treating the income from a leased cinema theatre as "Other sources" income. The ITO's order included both the refusal of registration and the computation of total income. The Appellate Assistant Commissioner (AAC) upheld the ITO's decision. The Tribunal found that the assessee had been engaged in business activities and that the income from the leased theatre should be assessed under the head "Business." Consequently, the claim for registration was allowed. The High Court affirmed that the assessee was entitled to file a single appeal against the common order, rejecting the Revenue's argument against raising the registration issue after withdrawing another contention. The first question was answered in favor of the assessee.

2. The Tribunal's factual findings indicated that the assessee had been conducting business activities until a temporary lease period. The High Court agreed with the Tribunal's conclusion that the assessee continued its business operations even during the lease period, justifying the assessment of lease income under the head "Business." Therefore, the second question was answered in favor of the assessee.

3. Given the determination that the assessee was engaged in business activities, the claim for registration under section 185 of the Income-tax Act was upheld. The Tribunal's direction for the ITO to review the registration application was deemed appropriate by the High Court. The third question was answered in favor of the assessee.

In conclusion, all three questions were decided in favor of the assessee, affirming their entitlement to file a single appeal against the common order, the existence of business activity, and the right to registration under the Income-tax Act.