1996 (1) TMI 99

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....nd 571/(IND) of 1979, for our opinion : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in maintaining the order of refusing registration ? (ii) Whether, on the facts found by the Tribunal, an inference that the firm is non-genuine could be drawn and registration could be refused in the light of the language of sections 184 and 185 of the Income-tax Act, 1961 ? (iii) Whether, on the facts and in the circumstances of the case, every assessment year is a separate assessment year and an order under section 185 is necessary to be passed for each assessment year ? " Briefly stated, the facts of the case are that the assessee applied for registration of the firm under section 185 of the Act on ....

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....d on that basis held that the firm was not genuine. The Tribunal considered the factual matrix and on appreciation of facts and features concluded as under : " If a genuine partnership had come into existence, at least some one must have been moved in this behalf. The entertainment tax authorities would not accept change of the proprietor unless intimation had been sent to them. We specifically asked the representative of the assessee to point out one single circumstance that might show that apart from the fact of 16th April being the date noted in the partnership, there was any other documentary evidence of this partnership having come into existence and started carrying on the business on that day, but he could not point out to any suc....

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....e passed for each assessment year. Section 185(1)(a) and (b) of the Income-tax Act, 1961, provides as under : "185. Procedure on receipt of application.--(1) On receipt of an application for the registration of a firm, the Assessing Officer shall inquire into the genuineness of the firm and its constitution as specified in the instrument of partnership, and-- (a) if he is satisfied that there is or was during the previous year in existence a genuine firm with the constitution so specified, he shall pass an order in writing registering the firm for the assessment year ; (b) if he is not so satisfied, he shall pass an order in writing refusing to register the firm." In view of the aforesaid position, we answer question No. 3 al....