9911796707
TMI Blog2018 (9) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... Sikkim Prior to its merger with India in 1975, presented on 6th August, 2013, has no relevance as far as this issue is concerned. The Indian Income Tax Act, 1961, has been extended to the State of Sikkim w.e.f.01/04/1989. The revenue has not brought on record any evidence of merger of the Companies Act of Sikkim with the Indian Companies Act, 1956. Hence, the propositions of law laid down by the Tribunal extracted above still holds the field. Hence, we uphold the contention of the assessee that it has to be assessed as an ‘Association of persons’ and not as a ‘Company’. - Decided in favour of assessee. - ITA No. 103/Kol/2018 - - - Dated:- 20-7-2018 - Sri J. Sudhakar Reddy, Accountant Member For the Assessee : Shri Agnibesh Sengupta, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 8D. 3. The issue before me is whether the assessee has to assessed in the status of a Company or in the status of An association of Persons . We have heard rival contentions. The undisputed facts of the case is that the assessee company is registered as a Private Limited Company under the Registration of Companies Act Sikkim 1961. The definition of Company under the Income Tax Act, 1961 is given u/s 2(22A) of the Act. This definition does not include a company registered under the Companies Act of Sikkim, 1961. The Kolkata D Bench of the Tribunal in the case of Signotrom (Sikkim) Pvt. Ltd., Sikkim vs. Dy. Commissioner of Income Tax in ITA No. 154/Kol/2007; Assessment Year 2004-05, order dt. 21/09/2007, at para 15 held as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly we allow the status as AOP as there was no proper rebuttal from the side of the revenue to the contention taken by the assessee through its Ld. A.R. Accordingly, the appeal of the assessee is allowed. 3.1. Reliance placed by the ld. D/R, on the 145th Report of the Parliament of India (Rajya Sabha) Petition praying for Protection of interest of Bona Fide Indian National Residing in Sikkim Prior to its merger with India in 1975, presented on 6th August, 2013, has no relevance as far as this issue is concerned. The Indian Income Tax Act, 1961, has been extended to the State of Sikkim w.e.f.01/04/1989. The revenue has not brought on record any evidence of merger of the Companies Act of Sikkim with the Indian Companies Act, 1956. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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