1981 (12) TMI 64 - AT - Income Tax

Appeal granted for registration continuation despite partnership deed defects.

The Tribunal allowed the appeal by the assessee, holding that the firm was entitled to the continuation of registration under section 184(7) of the ... Firm, Registration, Continuation Of, Cancellation Of Issues:1. Validity of continuation of registration under section 184(7) of the Income-tax Act, 1961.2. Interpretation of partnership deed regarding distribution of profits.3. Application of section 186(1) for cancellation of registration.4. Effect of admission made by the assessee before the AAC.5. Jurisdiction of the ITO under section 186(1) in proceedings under section 184(7).Detailed Analysis:1. The judgment pertains to the validity of the continuation of registration under section 184(7) of the Income-tax Act, 1961 for the assessment year 1975-76. The assessee-firm, V.S. Madhusudan Dayal & Co., applied for continuation of registration, but the Income Tax Officer (ITO) disallowed it, citing that the profits were not distributed according to the terms of the partnership deed. The Assessing Officer (AO) observed that the division of gross receipts, as per the partnership deed, did not align with the Indian Partnership Act, 1932, leading to the refusal of continuation of registration.2. The interpretation of the partnership deed regarding the distribution of profits was a crucial issue. The Appellate Authority Commissioner (AAC) analyzed the partnership deed and concluded that the partners were not sharing the net profits of the firm as required by the Indian Partnership Act, 1932. The AAC held that the firm was not validly established under the Act and that the partners had not divided the net profits of the firm as per the partnership deed, leading to the refusal of confirmation of registration.3. The application of section 186(1) for cancellation of registration was contested in the appeal before the Tribunal. The counsel for the assessee argued that section 186(1) could not be invoked in proceedings arising from an application under section 184(7) for continuation of registration. The Tribunal agreed with the assessee's counsel, stating that section 186(1) only pertained to cases where registration was initially granted or extended, not in proceedings initiated under section 184(7).4. The effect of the admission made by the assessee before the AAC was also examined. The departmental representative contended that the AAC had the authority to consider section 186(1) based on the admission made by the assessee. However, the Tribunal held that if the application of section 186(1) was incorrect, the admission made by the assessee before the AAC could be ignored, as there is no estoppel against law.5. The jurisdiction of the ITO under section 186(1) in proceedings under section 184(7) was a critical aspect of the judgment. The Tribunal emphasized that the ITO could not refuse continuation of registration based on defects in the partnership deed or the distribution of profits among partners if the application for continuation of registration was made in time and in order. The Tribunal allowed the appeal by the assessee, stating that the firm was entitled to the continuation of registration for the year under consideration.