9911796707
TMI Blog2000 (4) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... ground of appeal before CIT(A) regarding status, of the appellant, on the plea that matter has been separately dealt with in appeal for asst. yr. 1988-89." 3. The learned counsel submitted that the additional ground so raised by the assessee is purely a legal question and is included in the general ground No. 1 already taken in the aforesaid appeal. The refusal to grant renewal of registration and treating the firm as AOP is unjustified, arbitrary in the facts and circumstances of the present case particularly when registration has been subsequently granted under s. 186 in the base year, i.e. 1988-89 by the AO himself. The learned counsel also submitted that question relating to status can be validly raised in the composite appeal disput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration was refused to the assessee-firm for asst. yr. 1988-89. Since now the registration for base year 1988-89 has been allowed by the AO after considering the matter afresh pursuant to an order of the CIT(A), the matter is finally concluded in favour of the assessee. The assessee is entitled to grant of continuation of registration in asst. yr. 1991-92 and the AO should be directed to take the status of the assessee-firm as that of a registered firm. 5. The learned Senior Departmental Representative after going through the order of the AO, dt. 20th Dec, 1996, for base year 1988-89, agreed with the assessee's submission that once registration is granted to the assessee-firm for the base year, the firm would be entitled to grant of bene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely on account of alleged excessive shortage. The assessee has maintained proper books of account. The entire purchases are supported by vouchers. The complete quantitative details have been maintained. The office of Indian Oil Corporation vide their letter dt. 26th June, 1996, have confirmed that 1 per cent handling loss should be allowed to the dealers on total receipts. Thus the oil company regards 1 per cent shortage as normal shortage. Shortage claimed by the assessee in diesel and petrol account in the year under consideration is less than 1 per cent. The books of account have been audited. No trading additions have been made in the past years. On a careful consideration of the entire relevant facts, we are of the view that there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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