9911796707
TMI Blog1976 (10) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... REDDY J.--The assessee is a firm consisting of 19 partners. Registration was granted to the firm in some assessment year during the past. Along with the return of income for the assessment year 1971-72, the assessee filed a declaration signed by all the 19 partners on October 25, 1971, for the purpose of section 184(7) of the Income-tax Act. The declaration, however, was not in the form which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of firms which had been granted registration prior to April 1, 1971, it was not necessary to file the declaration in the form which was prescribed with effect from April 1, 1971. It was enough if the assessee filed a declaration in the form which was obtaining before April 1, 1971. At the instance of the revenue, the following question has been referred to us for our decision : "Whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnishes a declaration to that effect in the prescribed form. This is provided in section 184(7). It is to be noted here that the declaration to be made by the firm in the prescribed form is only to the effect that there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership on the basis of which registration was granted and nothing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Consequent on the addition, of the Explanation in section 185, the form previously prescribed for making a declaration to take effect from April 1, 1971, was amended so as to provide for a declaration that none of the partners was a benamidar of the other. The question of making such a declaration does not strictly arise since, as already pointed out by us, the declaration contemplated by secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
