9911796707
TMI Blog1974 (7) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 1962-63. The status of the assessee was determined as an "unregistered firm". The assessee filed a declaration under section 184(7) of the new Act in Form No. 12 on June 28, 1962. The due date for filing of return of income was June 30, 1962. No return was, however, filed. The new Act came into force on April 1, 1962. The assessee's stand was that the firm being registered up to and including the assessment year 1961-62, it was required only to file a declaration in Form No. 12 under section 184(7) and the assessee having filed such a declaration the Income-tax Officer was not correct in treating the status as an "unregistered firm" by cancelling the registration even though he made the assessment for the assessment year 1962- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication by the assessee for registration no registration could be granted. (iii) The assessee not having filed return the declaration dated June 28, 1962, cannot be utilised for continuance of registration and the declaration was not valid in law. The Income-tax Appellate Tribunal held that as no registration had been granted under section 184 of the new Act the question of granting continuance of the registration under section 184(7) does not arise. The Tribunal did not go into the question as to whether the declaration is valid without it being filed along with the return. At the instance of the assessee the reference has been made under section 256(1) of the new Act and the following question of law has been referred : "Wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prescribed form and verified in the prescribed manner. It would be noticed that once registration is granted to any firm for any assessment year it shall have effect for every subsequent assessment year if the conditions prescribed, in the proviso are fulfiled. By the second proviso one essential condition is that the firm would furnish the declaration in the prescribed form which is Form No. 12 along with its return of income for the assessment year concerned. Admittedly, in this case no return was filed and only the declaration was given. The second proviso was thus contravened. As the declaration was not along with the return the registration that was granted to the assessee till the assessment year 1961-62 under the old Act shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
