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TMI Blog1988 (8) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 declarations in form Nos. 11 and 11A has been filed in time along with a deed of partnership dt. 15th Nov., 1982. The assessment was completed under s. 143(3) treating the assessee an unregistered firm. A separate order under s. 185(1)(b) was passed refusing registration. Aggrieved by the assessment order and the order passed under s. 185(1)(b) the assessee had appealed The Commissioner (A) vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... individual assessment has become final, the firm (assessee) cannot be treated as an unregistered firm and that since these individual assessment has become final, the firm assessee cannot be treated as an unregistered firm and in this connection the Boards Circular No. F. 75/19/19/191/62-ITJ dt. 24th Aug., 1966 was relied upon Our attention was also invited to the decision of the Bangalore bench o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is not in dispute that some of the partners had adopted the share income (in their individual assessments) as if this is a registered firm. The argument on behalf of the Revenue was that most of the assessments were under s. 143(1) It is an admitted fact that these assessments passed under s. 143(1) have not been reopened. Further in the case of one of the partners (Shivakaumar S. Nadar) the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal held as under. As held by the Supreme Court in Murlidhar Jhawar & Purna Ginning & Pressing factory's case which decision has been followed by various High Courts the ITO having opted to assess the partners by taxing their proportionate share income from the firm is precluded from assessing the firm as an unregistered firm. Interest the two Circulars dt. 34th Aug., 1966 and 30th June, 1972 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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