9911796707
|
Home
Issues:
Delay in filing a declaration under section 184(7) of the Income-tax Act, 1961. Analysis: The case involved a reference made under section 256(1) of the Income-tax Act, 1961, regarding the condonation of delay in filing a declaration under section 184(7) of the Act for the assessment year 1966-67. The assessee, a registered firm, failed to claim continuation of registration by filing the required application, leading to the Income Tax Officer treating the firm as unregistered. The Tribunal considered the circumstances, including the death of one of the partners immediately after filing the return, which resulted in confusion regarding the filing of the application. The Tribunal found that the failure to file the application was due to genuine reasons and that the genuineness of the firm itself was not in question. Based on these findings, the Tribunal held that the firm should be granted continuation of registration for the assessment year in question. The Additional Commissioner of Income-tax later moved an application for the Tribunal to refer the question to the High Court. The High Court, after hearing the arguments and examining the case records, noted that the application for continuation of registration was signed by all partners, including the deceased partner, before his death. The Court found that the failure to file the declaration before the specified date was due to a bona fide belief of the partners that the application had already been filed. Consequently, the Court held that the Tribunal did not err in condoning the delay in filing the declaration under section 184(7) of the Income-tax Act, 1961, for the assessment year in question. Therefore, the reference was answered in the affirmative, supporting the Tribunal's decision to grant continuation of registration to the firm for the relevant assessment year.
|
