1989 (1) TMI 61

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....r herein. The respondent is a firm. It consists of 10 partners. We are concerned with the assessment year 1979-80. The assessee was granted registration for the assessment year 1978-79. For the year 1979-80, admittedly, two partners did not sign in Form No. 12 which is necessary to be filed under section 184(7) of the Income-tax Act, 1961, read with rules 22(5) and 24 of the Income-tax Rules, 1962....

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....e matter to the Income-tax Officer directing him to return Form No. 12 to the assessee and permit the assessee to resubmit the same after rectifying the defect wherein two persons did not sign in the application form. The order of the Appellate Tribunal is dated December 19, 1985. Thereafter, the Revenue filed an application under section 256(1) of the Income-tax Act to refer the two questions of ....

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....e assessee should have the benefit or privilege of continuation of registration, the mandate contained in the statutory provisions should be literally complied with. In the absence of strict compliance with statutory requirements, it should be taken that there was no application or form before the Income-tax Officer to be considered under section 184(7) of the Income-tax Act. Counsel for the Reven....

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.... the application. Reference was also made to the circular of the Central Board of Direct Taxes dated June 26, 1965, which was extracted in the order of the Appellate Tribunal. On hearing the rival contentions of the parties, we are of the view that the questions of law, formulated by the Revenue in para 7 of the original petition do arise out of the appellate order dated December 19, 1985. The ....