1986 (12) TMI 81

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....nbsp;                                      Revenue is in appeal against the order passed by the Commr. (A) upholding the claim of the assessee for registration for asst. yr. 1980-81. 2. The firm had been allow....

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....ed the renewal of the registration. The assessee firm having felt aggrieved took this matter in appeal before the Commr. (A) who did not agree with the ITO and reversed his finding by making the following observation: "Record evidence the fact the registration had been granted for the asst. yr. 1978-79 and the renewal was granted for the asst. yr. 1979-80 and that for the year under considerati....

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....uly examined by the ITO (ii) Form No. 12 had been duly filed in the prescribed form and in the prescribed manner. For the detailed discussion made above, the ITO is directed to grant renewal of registration to the assessee firm for the year under consideration." Revenue has felt aggrieved and has brought the issue in appeal before the Tribunal. 3. Departmental representative speaking for the....

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....he Commissioner (A) had not endorsed the finding of the ITO that Pawan Udyog was a benami concern of the assessee. Therefore, the very corner stone on which the ITO had acted upon, his stand for refusing the renewal disappeared. 4. Having considered the facts brought on record we are of the view that revenue had not been able to make out a case against the plea of the ld. counsel for the assess....