9911796707
TMI Blog1996 (4) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... nership for purpose of registration ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that there was no change in the constitution of the firm and the assessee was entitled to continuation of registration of the firm for the assessment year 1962-63 ?" The brief facts giving rise to this reference are thus : Under a deed of partnership dated November 14, 1955, the assessee firm was constituted with the following three partners, namely : Share in profit in loss 1. Rajaram Adatia 0-2-3 3/7th 0-5-4 2. Hiralal Adatia 0-2-3 3/7th 0-5-4 3. Hanuman Prasad Adatia 0-2-3 3/7th 0-5-4 0-6-10 2/7th 0-16-4 The above partners also agreed to admit the following minor persons to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Officer was upheld by the Appellate Assistant Commissioner. Aggrieved against the order of the Appellate Assistant Commissioner, the matter was taken up before the Tribunal in second appeal and the Tribunal restored the matter back to the Appellate Assistant Commissioner for a fresh decision. The Appellate Assistant Commissioner considered the matter afresh and confirmed the action of the Income-tax Officer of refusing registration to the firm. The assessee again preferred an appeal to the Appellate Tribunal and the Appellate Tribunal took the view that on the original deed of partnership, Ramachandra, on attaining majority, had made an endorsement assenting to the terms of the agreement therein, wherein he had accepted his share in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant Commissioner affirmed it and ultimately the matter reached again before the Tribunal. It appears that the Tribunal has not properly expressed itself in the operative portion of the paragraph which is just demonstrated. In fact, the matter which was argued before the Tribunal, was regarding grant of fresh registration on attainment of majority by Ramachandra and Ramachandra on attaining majority had made the endorsement on the partnership deed that he may be inducted into the partnership with the share of 2 annas 3 pies and he had accepted the other terms and conditions. But, of course, in the application Form No. 11 which was filed, he did not fill the loss which he agreed to share and which should have been given in the schedule in Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier, the application moved by the assessee in Form No. 11 was belated but this aspect has not been adverted to by the Tribunal. Therefore, it is presumed that by mistake the Tribunal has condoned the delay. Now, on the basis of this, the firm can be granted registration. Though the Tribunal has observed in the last paragraph that the Income-tax Officer shall allow opportunity to the assessee to rectify the mistake in Form No. 11, it is not a case of grant of continuation. This will be a grant of fresh registration under section 185 and not continuation of registration under section 184(7). Therefore, in this view of the matter, we hold that the Income-tax Officer may grant fresh registration to the assessee firm on rectification of Form No ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
