9911796707
TMI Blog1984 (3) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... on for the assessment year in appeal. The ITO had denied the benefit of registration and had turned down the plea of the assessee that he was entitled to the renewal of the benefit of registration under s. 184(7) of the IT Act, but the CIT (A) on a consideration of the facts, vacated the order of the ITO and directed him to allow the benefit of registration to the assessee. 2. The facts, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that Form. The ITO misunderstood the application and considered the claim for renewal of registration to be the one made for the benefits of registration by the firm, which, according to him, had undergone reconstitution merely. According to him, it was a reconstitution of a firm under s. 187 and not of succession under s. 188. He had elaborately discussed his view of the matter in the order, pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appreciated his claim for allowing him the renewal of registration for the accounting year from 1st April, 1978 to 6th March, 1979, in respect of the old firm which had been dissolved. The ITO, on the other hand, considered the claim of the firm as continuing after 6th March, 1979 and he passed an order for the period 1st April, 1977 to 31st March, 1978. He had erroneously understood that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, together with the original copy of the Partnership Deed have been placed on file only for the asst. yr. 1980-81 and not for the assessment year under consideration. The assessee has, in fact, filed a declaration in Form No. 12, for continuation of registration of the firm for the asst. yr. 1979-80 and the return filed for the asst. yr. 1979-80 also discloses the profits up to the period ending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar issue had cropped up before this Bench in ITA Nos. 279 280 of 1983 in Kejriwal Steel Works, Jalandhar's, case and the Tribunal by its order dt. 22nd Nov., 1983, had no hesitation in accepting the claim of the assessee, a dissolved firm, for the renewal of registration and in rejecting the plea of the Revenue that the claim of the assessee firm was for the grant of registration. Followin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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