9911796707
TMI Blog1980 (8) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... ce are that on March 30, 1968, Sarvshri M. M. Beri, N. K. Beri, R. P. Beri and their father, Shri Gurdial Singh Beri, entered into a partnership to carry on the business of manufacture and sale of chemicals in the name and style of M/s. Beri Chemical Industries, Jullundur. This firm was granted registration till the assessment year 1970-71. On March 1, 1971, Gurdial Singh Beri passed away. Thereupon a new partnership deed was executed on March 2, 1971, and Shrimati Vidyawati, widow of Shri Gurdial Singh, joined the firm as partner. On September 8, 1971, the assessee (i.e., the newly constituted firm) filed an application for registration for the assessment year 1971-72. Under s. 184(4) of the I.T. Act, 1961 (hereinafter called the Act), t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eri died on March 1, 1971, there was only one month for the other partners to file the application for registration for the assessment year 1971-72. Now, it is in the affidavit dated August 28, 1972, of Shri M. M. Beri that it was Shri Gurdial Singh who was the managing partner of the firm and who used to carry on the entire business and that it was he, who was operating the bank accounts and attending to the sales tax and income-tax matters. There is no good reason to disbelieve this affidavit. We, therefore, accept the plea of the assessee that the other partners of the firm, being the sons and widow of Shri Gurdial Singh, were in mourning and not in a proper frame of mind to attend to the affairs of the firm after March 1, 1971. Since th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, the partners of the firm were in state of shock and not in a proper frame of mind to attend to the affairs of the firm. The acceptance by the Tribunal of the plea put forth by the assessee-firm is essentially a finding of fact. Nothing could be pointed out by Mr. D. N. Awasthy, the learned counsel for the Revenue, that any irrelevant consideration prevailed with the Tribunal or any relevant consideration was ignored. The Tribunal had the discretion to condone the delay in filing the application for registration and in our considered opinion, the discretion exercised by it in condoning the delay cannot be held to be arbitrary. For the reasons recorded above, the aforesaid question of law, referred by the Tribunal for the opinion of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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