1989 (2) TMI 109

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.... CHAND MITAL J. -Sunil Theatre, the assessee, was an unregistered firm for the assessment year 1978-79. When assessment for the aforesaid year was being made by the Income-tax Officer, it was found that there was a net loss but he disallowed carry forward of the loss for the assessment year 1979-80 in view of the fact that for the assessment year 1979-80, the firm had been granted registration and....

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....in the subsequent years and that registration did not make any difference as the firm continued to be the same. The order of the Appellate Assistant Commissioner was upheld by the Income-tax Appellate Tribunal, Amritsar, and at the instance of the Revenue, the following question has been referred for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the In....

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....red by the unregistered firm can be carried forward in the subsequent years in spite of the registration. One of the prerequisites for doing this is that the firm should be the same. If there is a change in the constitution of the firm, then, different consequences may flow. Here, there is no change in the constitution of the firm, and, therefore, the word "firm" used at the end of section 77(1) o....