9911796707
TMI Blog2000 (2) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... t been allowed for the assessment year 1981-82, no question of renewal of registration for the aforesaid years would arise - - - - - Dated:- 7-2-2000 - Judge(s) : M. C. AGARWAL., S. RAFAT ALAM. JUDGMENT The judgment of the court was delivered by M.C. AGARWAL J.-These are three applications by the assessee under section 256(2) of the Income-tax Act, 1961, praying that the Income-tax Appellate Tribunal, Allahabad, be directed to state a case and to refer the following questions stated to be of law and to arise out of the Tribunal's common order dated October 30, 1995 passed in I.T.A. Nos. 1062, 1063 and 1064 (All) of 1999 for the assessment years 1981-82, 1984-85 and 1985-86: "Assessment year 1981-82: (i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in confirming the order passed under section 185(1)(b) of the Income-tax Act, 1961, refusing to grant registration to the firm for the assessment year 1981-82, when there was a change in the constitution of firm? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the order refusing to grant registration mere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the firm ended on June 30 of every year. During the accounting period relevant to the assessment year 1981-82, i.e., on January 3, 1980, one of the partners, namely, Sri G.K. Singhania, died and in his place, his son, Sri Ramapati Singhania, joined the firm as a partner. A new partnership deed was drafted on or about May 19, 1980, but it remained unsigned. Another partnership deed was executed on August 2, 1980. For the assessment year 1981-82, Forms Nos. 11A and 12 were filed on June 30, 1981, i.e., after the close of the accounting period. The Assessing Officer did not allow the registration to the firm for the reasons (a) that no partnership deed was executed during the accounting period ending on June 30, 1980; (b) Form No. 12 was not in a proper form; (c) Form No. 12 was not signed by Sri R.P. Singhania as a legal representative of the deceased Sri G.K. Singhania for the period up to January 3, 1980; and (d) the information given in Form No. 12 was incorrect inasmuch as there was a change in the constitution of the firm with the introduction of a new partner Sri Ramapati Singhania. For the assessment year 1984-85, the Assessing Officer did not allow continuation of registrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) The application shall be made before the end of the previous year for the assessment year in respect of which registration is sought: Provided that the Income-tax Officer may entertain an application made after the end of the previous year, if he is satisfied that the firm was prevented by sufficient cause from making the application before the end of the previous year. (5) The application shall be accompanied by the original instrument evidencing the partnership, together with a copy thereof: Provided that if the Income-tax Officer is satisfied that for sufficient reason the original instrument cannot conveniently be produced, he may accept a copy of it certified in writing by all the partners (not being minors), or, where the application is made after the dissolution of the firm, by all the persons, referred to in clause (b) of sub-section (3), to be a correct copy or a certified copy of the instrument; and in such cases the application shall be accompanied by a duplicate copy of the original instrument. (6) The application shall be made in the prescribed form and shall contain the prescribed particulars. (7) Where registration is granted to any firm for any asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e., on January 3, 1980, one of the partners, namely, Sri G.K. Singhania, died and his place was taken by his son, Sri Ramapati Singhania, who joined the firm as a partner. Thus, Sri G.K. Singhania ceased to be a partner and Sri Ramapati Singhania was admitted as a new partner and, therefore, it was a case of a change in the constitution of the firm. Therefore, what was required was that the firm should have applied for registration in Form No. 11A. Section 184(4) requires that the application shall be made before the end of the previous year for the assessment year in respect of which registration is sought. Sub-section (5) then requires that the application shall be accompanied by the original instrument evidencing the partnership, together with a copy thereof. These provisions indicate that the partnership deed should be executed before the end of the accounting period and in this case admittedly this was not done. As stated above, a partnership deed was executed on August 2, 1980, i.e., after the close of the accounting period, and an application for registration was moved in Form No. 11A on June 30, 1981. As stated by the Appellate Assistant Commissioner, the partnership dee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
