Continuation of registration depends on a validly signed Form No. 12 by current partners; later defective filing cannot override it.

For continuation of registration, Form No. 12 must be verified and signed by the partners constituting the firm on the date of the application. Applying Section 184(7) with Rules 24 and 22(5), the valid declaration was the form filed on 25 July 1981 because it bore the signatures of the partners then constituting the reconstituted firm. The later form filed on 15 September 1983 was not the operative declaration and could not defeat the earlier valid filing. The refusal to continue registration was therefore set aside and continuation of registration was directed.

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Issues: Whether the assessee firm was entitled to continuation of registration for the assessment year in question on the basis of Form No. 12 filed on 25 July 1981, and whether the later Form No. 12 filed on 15 September 1983 could invalidate the claim.

Analysis: Section 184(7) governing continuation of registration requires the declaration in Form No. 12 to be verified and signed in the manner prescribed. Rule 24, read with Rule 22(5), shows that the declaration must be signed by the persons constituting the firm as on the date of the application. On the facts, the firm had been reconstituted and, on 25 July 1981, the partners then constituting the firm were the relevant signatories. The later form was not the operative declaration for the purpose of continuation of registration. The authorities below were therefore in error in treating that later form as decisive against the assessee.

Conclusion: The assessee was entitled to continuation of registration. Form No. 12 filed on 25 July 1981 was the valid declaration and the subsequent form filed on 15 September 1983 was non est in law.

Final Conclusion: The refusal of continuation of registration was set aside and the income-tax authority was directed to grant continuation of registration to the firm on the basis of the valid declaration already filed.

Ratio Decidendi: For continuation of registration, the declaration in Form No. 12 must be signed by the partners constituting the firm on the date of the application, and a later defective or unauthorised filing cannot defeat a valid earlier declaration.

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