Tribunal allows appeal, rectifies partnership deed deficiency, firm assessed correctly.

The Tribunal allowed the appeal of the assessee, vacating the order of the Commissioner of Income-tax (Appeals). The firm rectified the deficiency of not submitting a certified partnership deed by providing a revised deed duly certified by all partners during the assessment proceedings. This rectification was deemed as compliance with the Income-tax Act, making the firm eligible to be assessed as a firm rather than an association of persons for the assessment year 1993-94. The case underscores the significance of adhering to statutory requirements for filing partnership deeds to ensure accurate assessment of the firm's status.

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Issues:
Assessment of firm as association of persons due to failure in submitting certified partnership deed.

Analysis:
The appeal concerns the assessment year 1993-94 where the Assessing Officer assessed the firm as an association of persons instead of a firm due to the absence of a partnership deed certified by all partners along with the return of income. The firm contended that there was no change in the constitution of the firm, and therefore, the revised deed was only supplementary. The provisions of section 184 of the Income-tax Act, 1961 were crucial in this case. Section 184(2) mandates that a certified copy of the partnership deed, duly signed by all partners except minors, must accompany the return for the assessment year commencing after April 1, 1993, if the firm seeks to be assessed as a "firm" for the first time. Failure to comply leads to assessment as an association of persons under section 185.

The Tribunal noted that the partnership deed was initially certified by an advocate, not by the partners, leading to the firm being assessed as an association of persons. However, during the assessment proceedings, the firm submitted a revised partnership deed duly certified by all partners, rectifying the deficiency. The Tribunal held that this rectification during assessment proceedings constituted compliance with section 184, making the firm eligible to be assessed as a firm and not as an association of persons. Consequently, the order of the Commissioner of Income-tax (Appeals) was vacated, and the appeal of the assessee was allowed.

In conclusion, the Tribunal emphasized the importance of complying with the statutory requirements for filing partnership deeds to be assessed as a firm. The case highlighted that procedural deficiencies could be rectified during assessment proceedings, ensuring that the firm's status is accurately determined based on the provided documentation.

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