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Issues:
1. Whether the firm should be treated as an Association of Persons (AOP) due to a technical lapse in filing the certified copy of the partnership deed. 2. Whether the disallowance of interest paid to partners is justified. Issue 1: Treatment of Firm as AOP The appeal revolved around the contention that the firm should not be treated as an AOP due to a technical default in filing the certified copy of the partnership deed. The Assessing Officer (AO) observed that the assessee had filed a photocopy of the partnership deed certified by only one partner, contrary to the requirement of all partners' signatures. The AO proceeded to assess the firm as an AOP, citing the amended provisions from the asst. yr. 1993-94. The CIT(A) upheld the AO's decision, emphasizing the non-compliance with s. 184(2) of the IT Act and the applicability of s. 185 for assessment as an AOP. The appellant argued that the defect was rectified promptly after a show-cause notice, citing relevant case laws. The ITAT held that technical defects can be rectified before assessment completion, drawing on precedents from the Punjab & Haryana High Court and the Patna High Court. Consequently, the ITAT directed the AO to treat the firm as a registered firm, overturning the CIT(A)'s decision. Issue 2: Disallowance of Interest Paid to Partners The AO disallowed interest paid to partners citing s. 40(b)(iv) of the IT Act, emphasizing the lack of specific terms despite authorization in the partnership deed. The assessment was completed as an AOP, leading to the disallowance. The CIT(A) upheld this decision without examining the merits of the claim due to the AOP status. However, the ITAT set aside the AOP status and directed the CIT(A) to reconsider the disallowance on its merits after allowing both parties a reasonable opportunity. The lack of a partnership deed copy on file was noted, but the ITAT deemed it fair to reassess the issue post the status correction. Conclusion The ITAT partially allowed the assessee's appeal for statistical purposes, directing the AO to treat the firm as a registered firm and reconsider the disallowance of interest paid to partners on its merits. The consequential relief regarding interest under ss. 234A, 234B, and 234C was acknowledged as a consequential ground, with the AO directed to provide relief accordingly.
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