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Issues Involved:
1. Whether the two firms, Bhagwan Cloth House and Bhagwan Woollen Agency, were genuinely constituted. 2. Whether the firms were entitled to the benefit of registration under Section 185 for the assessment years 1973-74 and 1974-75. Detailed Analysis: Issue 1: Whether the two firms, Bhagwan Cloth House and Bhagwan Woollen Agency, were genuinely constituted. The case revolves around the genuineness of the reconstitution of Bhagwan Cloth House and the formation of Bhagwan Woollen Agency. Initially, Bhagwan Cloth House, a partnership firm dealing in textiles, was reconstituted due to internal disputes among family members. The reconstitution led to the formation of two separate entities: Bhagwan Cloth House (dealing in non-woollen textiles) and Bhagwan Woollen Agency (dealing in woollen textiles). The Income Tax Officer (ITO) questioned the genuineness of these firms, citing several reasons such as shared premises, overlapping business activities, common employees, interlacing and interlocking of funds, and contradictions in the partners' statements. The Appellate Assistant Commissioner (AAC) initially disagreed with the ITO and held that the firms were genuinely constituted. However, the Tribunal set aside the AAC's finding and directed a more thorough examination of specific aspects, including the source of capital contributions by two lady partners, the delayed opening of a bank account, and the division of business fields. Upon re-examination, the AAC upheld the ITO's view, doubting the genuineness of the firms. The AAC noted that the source of capital contributions was explained, but questioned the motive behind including the two ladies as partners and pointed out the lack of tangible assets to cover potential losses. The AAC also highlighted that Bhagwan Woollen Agency received financial accommodation from sister concerns, indicating interlocking of funds. Issue 2: Whether the firms were entitled to the benefit of registration under Section 185 for the assessment years 1973-74 and 1974-75. The Tribunal, upon hearing the appeals, disagreed with the AAC's finding that the firms were not genuinely constituted. The Tribunal emphasized that the source of capital contributions by the lady partners was satisfactorily explained and that the doubts and surmises of the AAC lacked substantial evidence. The Tribunal noted that family disputes do not always follow a set pattern and that the reorganization of the firm, even if not 100% corroborated, should not be doubted based on minor contradictions. The Tribunal also found the explanation for the delayed opening of the bank account reasonable, as the woollen business season starts in October. The Tribunal observed that the presence of frequent debits and credits between the sister concerns indicated continuous movement of funds, not interlocking or interlacing. The Tribunal concluded that the firms were genuinely constituted and entitled to the benefit of registration under Section 185(b). Conclusion: The Tribunal vacated the findings of the lower authorities and directed the ITO to grant registration to both Bhagwan Cloth House and Bhagwan Woollen Agency for the assessment year 1973-74. The Tribunal also allowed the renewal of registration for the assessment year 1974-75, thereby allowing the appeals for both years in respect of both assessees.
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