1996 (4) TMI 63 - HC - Income Tax

High Court grants renewal of partnership firm registration based on belated filing under Income-tax Act

The High Court ruled in favor of the assessee in an income-tax reference case regarding the renewal of registration for a partnership firm under section ... Computation Of Capital Issues:1. Interpretation of section 184(7) of the Income-tax Act for renewal of registration.2. Impact of belated filing of Form No. 12 on renewal application.3. Consideration of Board's Circular F. No. 26/3/65-II(AI), dated June 26, 1965.4. Compliance with procedural requirements for renewal of registration.5. Applicability of circular on belated filing of declaration under section 184(7).Analysis:The case involved an income-tax reference concerning the renewal of registration for a partnership firm under section 184(7) of the Income-tax Act, 1961. The primary question was whether there was sufficient compliance with the provisions of section 184(7) for granting renewal of registration, especially considering the impact of belated filing of Form No. 12. The assessee's renewal application was rejected by the Income-tax Officer due to a delay in filing Form No. 12, leading to an assessment of Rs. 55,610. However, the Appellate Assistant Commissioner allowed the appeal, which was later overturned by the Tribunal, prompting the reference to the High Court.During the proceedings, the Tribunal referred to a circular issued by the Central Board of Direct Taxes on June 26, 1965, which emphasized that belated filing of the declaration in Form No. 12 could be considered compliant if filed along with the return and no ex parte assessment had been conducted under section 144 of the Act. This circular, not previously brought to the attention of the authorities, was crucial in determining the validity of the renewal application. The High Court noted that the circular provided protection to the assessee in cases of belated filing, as long as certain conditions were met, and concluded that the belated filing of the declaration should not adversely affect the assessee.In light of the circular and the specific circumstances of the case, the High Court ruled in favor of the assessee, highlighting that the belated filing of the declaration in Form No. 12, accompanied by the return and in the absence of an ex parte assessment, constituted sufficient compliance with the provisions of section 184(7). The Court's decision was based on the interpretation of the circular and its applicability to the case at hand, ultimately favoring the assessee and ruling against the Revenue's contentions.