1976 (11) TMI 94 - AT - Income Tax

Appellate Tribunal orders registration for firm, emphasizing compliance with capital contribution clause

The Appellate Tribunal overturned the refusal of registration for the assessment year 1971-72 under section 185 of the Income Tax Act, 1961. It held that ... - Issues:Refusal of registration under section 185 of the ITA, 1961 due to alleged non-compliance with capital contribution clause in the partnership deed.Detailed Analysis:1. Refusal of Registration:The appeal was against the refusal of registration for the assessment year 1971-72 under section 185 of the Income Tax Act, 1961. The assessee firm, constituted under a partnership deed, faced rejection of registration by the Income Tax Officer (ITO) based on the grounds of non-compliance with the capital contribution clause in the partnership deed. The partnership consisted of two partners, and the refusal was upheld by the Appellate Assistant Commissioner (AAC).2. Contentions of the Assessee:The assessee argued that the firm's genuineness was not in doubt, and one partner did contribute a portion of the stipulated capital. It was highlighted that the partnership deed did not mandate immediate full capital contribution and allowed for contributions at a later time. The assessee relied on previous decisions to support the claim that refusal of registration was unjustified.3. Revenue's Submission:On behalf of the Revenue, it was contended that the partnership deed's capital contribution clause was not fully executed as per the stipulated amount. Reference was made to a decision of the Calcutta High Court to support the argument.4. Judgment and Legal Principles:The Appellate Tribunal opined that the refusal of registration was unjustified. The conditions for registration under section 185 required a valid and genuine partnership with proper application and partnership instrument. Referring to Supreme Court decisions, the Tribunal emphasized that the ITO's jurisdiction was limited to verifying conformity with rules and the genuineness of the firm.5. Capital Contribution Compliance:The Tribunal found that the partner had substantially complied with the capital contribution clause, contributing a significant amount by the relevant accounting year. It was noted that the ITO had previously granted registration based on the same partnership deed for a subsequent assessment year, further supporting the genuineness of the firm.6. Distinguishing Precedent:The Tribunal distinguished a previous Calcutta High Court decision cited by the Revenue, highlighting the differences in facts and reasons for refusal of registration. The Tribunal concluded that the facts of the present case did not align with the precedent cited by the Revenue.7. Decision:Ultimately, the Tribunal directed the ITO to allow registration to the assessee firm for the assessment year 1971-72, emphasizing the genuine nature of the firm and the substantial compliance with the capital contribution clause by the partners.