1980 (9) TMI 67

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....t Commissioner of Income-tax against the order of the Income-tax Officer declining to condone the delay in filing the declaration in Form No. 12 for the assessment year 1973-74 and consequently declining to grant continuance of registration for the said assessment year was competent ? " The assessee is a firm of six partners constituted under a deed dated September 16, 1971, for the purpose of carrying on business in purchase and sale of pepper, dry ginger, etc. The firm had been granted registration for the assessment year 1972-73. In this case we are concerned with the assessment year 1973-74, for which the relevant period of account is the year ending March 31, 1973. Along with the return for the said assessment year, which was filed ....

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....gistration under subs. (7) of s. 184. The AAC allowed the appeal on the short ground that, since the ITO had already completed the assessment of one of the partners of the assessee-firm treating the firm as a registered firm for the assessment year concerned in this case by an order dated September 27, 1975, it was not open to the assessing authority thereafter to take up a different position in the assessment order passed against the firm by treating it as an unregistered firm. In this view, the appellate authority allowed the appeal, set aside the assessment made by the ITO and directed the ITO to accept the declaration filed by the assessee in Form No. 12 and make a fresh assessment treating the firm as a registered firm. The departme....