9911796707
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Partnership firm treated as AOP due to registration refusal for asst. yr. 1968-69. Legality of AAC setting aside ITO's order without giving opportunity to scrutinize fresh evidence. Analysis: The case involves a partnership firm treated as an AOP due to registration refusal for the assessment year 1968-69. The primary issue revolves around the legality of the Additional Commissioner of Income Tax (AAC) setting aside the Income Tax Officer's (ITO) order without affording an opportunity to scrutinize fresh evidence. The central question referred to the court was whether the Tribunal was legally correct in holding that the AAC was not justified in setting aside the ITO's order without providing an opportunity to scrutinize the evidence. The registration was initially refused on the grounds that one of the partners, Prem Chand, was a minor at the time of partnership formation. The ITO requested proof of Prem Chand's age, leading to the submission of conflicting affidavits by his parents. The ITO accepted an affidavit from Prem Chand's mother, indicating his birth in December 1949, thereby concluding he was a minor and denying registration. Subsequently, an affidavit from Prem Chand's father was presented, stating his birth in January 1949. The AAC, upon considering this new evidence, set aside the registration refusal and directed the ITO to reevaluate the claim. The Tribunal, however, disagreed with the AAC's approach, emphasizing that the evidence conclusively established Prem Chand's age as a major, leading to the grant of registration. The Department's counsel argued that the AAC erred by not allowing the ITO to challenge the evidence supporting Prem Chand's majority status. While acknowledging the need for both sides to present their case, the court highlighted the challenge in rebutting evidence related to an individual's date of birth, primarily known to the parents or authorities like the Municipality. The court emphasized that the ITO had opportunities to contest the evidence during the appeal process before the AAC and the Tribunal. The court analyzed the procedural aspects, noting that the AAC had the authority to conduct further inquiries or direct the ITO to do so under Section 250(4). Given the simplicity of the evidence and the significant time elapsed since the accounting period, the court deemed it unnecessary to remand the case to the ITO for further examination. The court emphasized the sufficiency of the New Delhi Municipal Committee certificate and the father's affidavit regarding Prem Chand's birth date. In light of the conflicting affidavits provided by Prem Chand's parents, the court speculated on a typographical error in the mother's affidavit, leading to the discrepancy in birth dates. Ultimately, the court upheld the Tribunal's decision to set aside the AAC's order of remand to the ITO, ruling in favor of the assessee and against the Department. The court stressed that the exceptional circumstances of the case warranted this decision, signaling no cost orders.
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