New Form Nos. 11, 11A and 12 incorporating provisions of Explanation inserted by Taxation Laws (Amendment) Act, 1970 not to be insisted upon for assessment years 1971-72 and 1972-73 but firms be allowed opportunity to file application in new forms
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Benamidar rule: firms may refile partnership registration in amended forms and applications must be considered on merits. Amendment treating partners as benamidars altered eligibility for partnership registration and amended Form Nos. 11, 11A and 12 to require a declaration; where old forms were filed for the assessment year 1971-72, officers must inform firms and allow one month to submit the amended form, and any such revised application must be disposed of on its merits. The same relief was extended to assessment year 1972-73 where amended forms were not available.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Benamidar rule: firms may refile partnership registration in amended forms and applications must be considered on merits.
Amendment treating partners as benamidars altered eligibility for partnership registration and amended Form Nos. 11, 11A and 12 to require a declaration; where old forms were filed for the assessment year 1971-72, officers must inform firms and allow one month to submit the amended form, and any such revised application must be disposed of on its merits. The same relief was extended to assessment year 1972-73 where amended forms were not available.
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