1977 (5) TMI 11 - HC - Income Tax

Summary

Issues:
1. Refusal of registration to a new firm for the assessment year 1968-69.
2. Applicability of the decision regarding the registration issue.
3. Assessment of the firm as an unregistered one.
4. Entitlement to prefer an independent appeal for refusal of registration.

Analysis:
1. The case involved the refusal of registration to a new firm for the assessment year 1968-69, following the constitution of a new partnership with three partners after the demise of one partner and the retirement of two others.

2. The decision regarding the registration issue was based on a previous judgment by the High Court, which held that the issue of registration cannot be raised in an appeal under section 246(c) of the Income-tax Act by agitating the question of status taken in the assessment order.

3. The Income-tax Officer split the assessment for the year 1968-69 into two periods and treated the firm as an unregistered one for the period from October 1, 1967, up to March 31, 1968, due to the lack of a timely application for registration.

4. The assessee did not challenge the correctness of the previous court decision and did not prefer an independent appeal for the refusal of registration. As a result, the court declined to examine the question of registration, emphasizing that the assessee had the opportunity to challenge the refusal through an appeal process.

5. The court found that once there was a refusal in the matter of registration, an appeal was available to the assessee. Since no appeal was filed, the court dismissed the writ application, stating that there was no scope for interference in the matter due to the circumstances indicated.

6. In conclusion, the High Court upheld the decision of the Income-tax Officer to treat the firm as unregistered for the relevant period and dismissed the writ application, emphasizing the importance of following the proper appeal process in challenging registration decisions.