1989 (3) TMI 25

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.... three questions of law to this court under section 256(2) of the Income tax Act, 1961: "1. Whether, on the facts and in the circumstances of the case and particularly in view of the fact that the assessee itself had declared its status as a firm in the return filed and also filed an application for registration, the Tribunal was justified in holding that the status of the assessee should be ta....

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.... in the status of a firm. Along with that return, it also submitted an application in Form No. 11 seeking registration. The Income-tax Officer, by a separate order, refused to grant registration and treated the firm as an unregistered one. The Appellate Assistant Commissioner confirmed the order of the Income-tax Officer. The assessee came on appeal to the Tribunal. It was claimed before the Tribu....

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....he Department and cannot be said to be erroneous. The answer to question No. 2 follows logically from the answer to question No. 1. If the assessee has been assessed in the status of an "association of persons" and if such assessment is upheld, then by virtue of section 9 of the Indian Income-tax Act, 1922, the shares of the individuals forming the association being definite and ascertainable, ....