9911796707
TMI Blog1979 (1) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... Smt.Mehrunissa Beghum 25 per cent 3. Shri Abdul Azim 25 per cent The ITO, after examining the record concluded that Smt. Khadija Bibi is quite illiterate. She had no source of income and was only dependent on her husband. According to the ITO, Smt. Mehrunissa Begum was also stated to have no fund of her own and she invested Rs. 1,000 only which she received as a gift from her husband's brother, Abdul Aziz, who is partner in Mico Textiles alongwith her husband. She was only a house wife and did not appear in public. In respect of Atia Bibi the ITO stated that she is a Parda-Nashin Lady having no fund of her own. She also received a gift of Rs. 1,000 from the said Abdul Azim who was her husband's brother an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iability of the assessee-firm. In this view, the ITO held that the assessee-firm is not a genuine firm and the three ladies are not the real partners with the result that he refused registration in the asst. yr.1975-76 and on the some grounds continuation of registration for the asst. yr.1976-77. 3. In appeals, the AAC endorsed the findings given by the ITO in both the years under consideration. Hence these appeals before us. 4. Heard both learned counsel for the assessee, Shri R.R. Misra, and the learned departmental representative, Shri A.B. Srivastava. After careful consideration of the respective pleas of both the sides, we are of the view that the orders of the authorities below call for interference. No doubt, the authorities be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see-firm. Thus, on the facts and in the circumstances of the case, we hold that the appellant firm is a genuine one and the authorities below were not justified in refusing the registration and continuation of registration respectively in both the years to the assessee-firm. Besides the above-we have noted that at page 12 of the paper book the amount of Rs. 1,500 which was deposited in the assessee-firm in the account of Khadeeja Bibi have been added to the income of the assessee-firm which shows that for all intents and purposes the ITO has taken the assessee-firm as a genuine firm. In this view of the matter, we reverse the orders of the authorities below in both the yrs. under consideration and direct the ITO to allow registration to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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