1980 (2) TMI 132 - AT - Income Tax

Tribunal overturns refusal of registration to firm, shifts burden of proof to Revenue

The Tribunal overturned the lower authorities' decision to refuse registration to the assessee firm under s. 185(1)(b) based on allegations of Smt. Prabha ... - Issues: Refusal of registration to the assessee firm under s. 185(1)(b) based on the grounds of delayed filing of registration application and Smt. Prabha Agarwal being considered a benamidar of partner Sri Maheshchand Agarwal.Analysis:1. The appeal by the assessee firm was against the ITO's order refusing registration under s. 185(1)(b), which was upheld by the AAC. The firm was formed in Jan 1974, with partners including Smt. Prabha Agarwal, wife of a partner's younger brother. The registration application was initially filed with an incorrect assessment year, and a subsequent correct application was filed in Aug 1976. The refusal was based on the delay in filing the second application and the allegation that Smt. Prabha Agarwal was a benamidar of another partner.2. Regarding the delay in filing the registration application, the AAC agreed with the assessee that the initial application was timely and the error in assessment year was not a valid reason for refusal. However, the main issue was Smt. Prabha Agarwal's alleged benami status. The ITO's decision was based on detailed inquiries and statements from the partners. The ITO concluded that Smt. Prabha Agarwal was a benami of Sri Maheshchand Agarwal, leading to the refusal of registration under s. 185(1)(b).3. The assessee appealed to the AAC, arguing that Smt. Prabha Agarwal was a genuine partner and not a benamidar. The AAC upheld the ITO's decision, considering factors like Smt. Prabha Agarwal's lack of business experience, receiving investment as a gift, and subsequent transfer of funds to a company where Sri Maheshchand Agarwal was a partner, indicating indirect control.4. The appeal then reached the Tribunal, where the counsel emphasized Smt. Prabha Agarwal's genuine partnership, supported by her investment and control over funds. The Tribunal analyzed the facts and submissions, emphasizing the burden on the Revenue to prove benami status. The Tribunal found that Smt. Prabha Agarwal had invested her own funds, had control over them, and was a genuine partner, overturning the lower authorities' decision.5. The Tribunal highlighted the legal principle that the burden of proof lies with the taxing authorities to establish benami transactions. In this case, the unchallenged gift, Smt. Prabha Agarwal's investment, and control over funds indicated her genuine partnership. The Tribunal concluded that the refusal of registration based on benami allegations was unjustified, and directed the firm to be treated as genuine for the assessment year.6. The Tribunal's decision to grant registration to the assessee firm was based on the lack of evidence supporting Smt. Prabha Agarwal being a benamidar, her genuine investment, and control over funds. The Tribunal overturned the lower authorities' decision, emphasizing the presumption of reality in transactions unless proven otherwise and the Revenue's burden to establish benami transactions.7. The Tribunal's ruling in favor of the assessee firm was grounded in the lack of concrete evidence supporting the benami allegations against Smt. Prabha Agarwal. The Tribunal highlighted her genuine investment, control over funds, and partnership status, concluding that the refusal of registration was unwarranted. The appeal succeeded, and the firm was granted registration for the assessment year.