9911796707
TMI Blog1994 (3) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... eard counsel for the Revenue and also counsel for the respondent-assessee. The entire matter is in a very narrow compass. We are concerned with the assessment year 1975-76. The previous year ended on March 31, 1975. The assessee-respondent-firm was given registration for the assessment year 1974-75. At that time, the firm had 18 partners. By the retirement of five persons, the firm stood dissolved with effect from March 31, 1975. The remaining 13 persons continued the firm from April 1, 1975. The said partners, who continued the firm from April 1, 1975, filed declaration in Form No. 12 on July 28, 1975, for continuation of the registration for the year 1975-76. The list of persons who were partners in the firm from April 1, 1975, was made a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm No. 12. Holding that, that the view taken by the Commissioner of Income-tax (Appeals) was reasonable, the Appellate Tribunal dismissed the appeal filed by the Revenue. It is thereafter, at the instance of the Revenue, the Income-tax Appellate Tribunal, Patna Bench, Patna, has referred the question of law formulated hereinabove for the decision of this court. For understanding the scope of the controversy, it is sufficient if we refer to section 184(7) of the Income-tax Act, read with rules 22(5) and 24 of the Income-tax Rules, 1962, which are as follows: "Section 184. (7) Where registration is granted or is deemed to have been granted to any firm for any assessment year, it shall have effect for every subsequent assessment year: P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nner indicated therein and shall be signed by the persons concerned in accordance with sub-rule (5) of rule 22." Under the proviso to section 184(7) of the Income-tax Act, the firm should, before the specified time, furnish a declaration satisfying section 184(7), proviso, clause (i), in the prescribed form and verified in the prescribed manner. The prescribed form is rule 24. Under rule 24, the declaration to be furnished under section 184(7) shall be in Form No. 12. It shall be verified in the manner indicated therein. It shall be signed by the persons concerned in accordance with sub-rule (5) of rule 22. It is only the persons concerned who should sign Form No. 12 in accordance with or as envisaged by rule 22(5). In other words, the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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