9911796707
TMI Blog1980 (6) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... late partner Shri Akhil Chandra Saha and a fresh deed of partnership was executed as between the present two partners on 9th Feb., 1976. The assessee made an application in statutory Form No. 11 complete in all respect, enclosing the requisite deed of partnership with the Income-tax Departmental on 8th April 1976 which was well in time since the previous year relevant to the assessment year under appeal, in the case of the assessee, ended with 14th April, 1976 (1383 BS). The ITO having held the partnership as not valid one in the eye of law, the assessee was refused the benefit of registration claimed by the assessee and application was accordingly rejected. The ITO reasoned that there was no question of Shri Manik Lal Saha stepping into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has since been set aside by the AAC who has directed the ITO to deal with the 'fresh application' for 'fresh registration' and in that view of the matter the assessee has had no grievance and the case be sent back to the ITO for making an appropriate order in accordance with the law. 4. On his part, Shri H.N. Bhardwaj, the ld. counsel for the assessee vehemently contested the stand taken by the ld. Deptl. Rep. and contended that the subject-matter of appeal be decided at this level since, according to the ld. counsel for the assessee, the assessee has filed statutory Form No. 11 for grant to it the status of registered firm alongwith the instrument in writing evidencing the partnership well within time and complied with all the statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion on the basis of partnership deed. 6. The assessee has filed statutory Form No. 11 duly complete in all respect along with the deed of partnership and these have been filed well within time. The assessee has been assessed in the status of registered firm though under s. 183(b) of the Act, for the asst. yr. 1975-76, while for asst. yr. 1977-78 it has been assessed as unregistered firm. Either way the status of the assessee remains a firm, though for the purposes of income-tax and concessional levy thereof, the assessee has to obtain the status of registered firm for which the assessee has to fulfil certain conditions, and on the facts and in the circumstances of the assessee's case in appeal before us, we are of the opinion and do hold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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