1930 (1) TMI 19 - HC - Income Tax

High Court clarifies Income Tax Officer's power to refuse firm registration without valid partnership instrument

In Re: Bissesswar Lal Brijlal

In Re: Bissesswar Lal Brijlal - 1930 AIR 449 Cal Issues:1. Power of Income Tax Officer to refuse registration application.2. Power of Income Tax Officer to call for evidence of dissolution for registration.Analysis:1. The case involved a reference to the High Court under Section 66(2) of the Income Tax Act 1922 regarding the powers of the Income Tax Officer to refuse an application for registration made with a partnership deed before assessment. The assessees, who were carrying on a business as a Hindu undivided family, applied for registration as a firm under Section 2(14) of the Act. The Income Tax Officer raised suspicions about the authenticity of the partnership deed presented by the assessees, questioning the dissolution of the joint family and the formation of a contractual partnership. The court held that the Income Tax Officer has the power to refuse registration if the firm is not constituted under a valid instrument of partnership specifying individual shares of partners. The Officer can call for evidence to verify the reality of the document presented by the assessees, even if the rules do not expressly provide for such investigation.2. The second issue raised was whether the Income Tax Officer has the power to call for evidence of dissolution of the joint family for the purpose of registration under Section 2(14) beyond the documentary evidence provided by the partnership deed. The court opined that the Officer is entitled to call for additional evidence to ascertain the authenticity of the document and the actual constitution of the firm. It was emphasized that the Officer can request proof of the claims made by the applicants regarding the formation of the partnership firm before proceeding with the registration application. The court affirmed that the Income Tax Officer has the authority to make necessary inquiries to verify the identity and status of the persons seeking registration benefits under the Act.Judgment Summary:The High Court of Calcutta addressed the powers of the Income Tax Officer in refusing registration applications and calling for evidence of dissolution for registration purposes. The court ruled that the Officer can reject an application if the firm is not constituted under a valid partnership instrument specifying individual shares of partners. Additionally, the Officer has the authority to demand evidence to verify the authenticity of documents presented by applicants, even if not explicitly stated in the rules. It was established that the Officer can request proof of claims made by applicants regarding the formation of a partnership firm before processing the registration application. The judgment affirmed the Officer's entitlement to make necessary inquiries to confirm the identity and status of individuals seeking registration benefits under the Income Tax Act.