Applicability of Sec.184 to assessees of Kashmir Valley in view of disturbed conditions. - Income Tax - 1915/1993

INSTRUCTION NO. 1915/1993 Dated: December 23, 1993 Section(s) Referred: 184 Statute: Income - Tax Act, 1961 According to the provisions of sub-section (4) and (7) of section 184 of the I.T.Act as they stood for and upto the assessment year 1992-93 the assessing officers can admit belated applications/declarations for granting/renewal of registration if they are satisfied that the firms were prevented by sufficient cause from furnishing such applications declaration in time. The board has received representations on behalf of the assessees of Kashmir Valley that on account of the disturbed conditions prevailing in the Kashmir Valley the assessees could not comply with the time-limits mentioned in sections 184(4) or 184(7) and hence a general condonation of delay should be granted. 2. The Board has examined the matter in consultation with the Ministry of Home Affairs and are of the opinion that the disturbed conditions that prevailed in the Kashmir Valley will constitute sufficient cause for the belated filing of the applications/declarations mentioned in section 184(4) and 184(7). 3. So far as the assessment years 1990-91 and 1991-92 are concerned the Board had already issued instruction No.1898 dated 1-9-92 directing inter alia that the assessing officers should extend the benefit of the proviso to section 184(4) with regard to belated applications filed by the Kashmir migrant assessees. The board has now decided to extend the same for the assessment year 1992-93 also. Further the assessing officers should also condone the delay in filing of the declaration u/s.184(7) for continuation of registration for the assessment years 190-91 to 1992-93 in respect of such Kashmir migrant assessees. 4. The Board has further decided that the above benefit will also be extended to all those assessees who reside in, or have their principal place of business in, the Kashmir Valley and are assessed/assessable in the Kashmir Valley irrespective of where they have filed their returns.