9911796707
TMI Blog1980 (9) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the course of assessment proceedings that although Form No. 12 had been filed within prescribed time under the law, it was not complete because it had not been signed by all the partners. In the asst. yr. 1975-76 there were 18 partners in the firm out of which only 13 partners signed Form No. 12. During the course of assessment proceedings the assessee explained that firm was dissolved on 31st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was to insist on the signature of the partners who had left the firm, it would amount to an impossible situation in certain circumstances, namely, if the partner who has left the firm and is not traceable, or is at logger-heads with the existing partners, it would become impossible for a genuine firm to obtain registration. It was also argued that it could not have been the intention of the legi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed the appeal of the assessee. Hence this appeal by the Dept. 4. The ld. counsel for the assessee has filed a list of the 18 partners out of whom 5 partners retired from 31st March, 1975. The ld. counsel for the assessee has also filed a copy of the order of the ITO under s. 185(1) of the IT Act, 1961 (hereinafter referred to as the said Act) where the firm of 13 partners was allowed registr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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