1978 (4) TMI 83

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...., 1961. The assessment year under consideration is 1963-64. The assessee is a firm. Registration granted to it earlier was continued up to the assessment year 1962-63. In September, 1963, the assessee filed its return of income for the assessment year 1963-64, but it did not furnish a declaration along with the said return. Thereafter, the assessee filed a revised return of income along with a ....

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....lied with the provisions of section 184(7) of the Income-tax Act, 1961, and the assessee, consequently, was to be treated as a registered firm for the assessment year 1963-64? Mr. B. K. Bagchi, learned counsel for the revenue, cites Indo Traders, Calcutta v. Commissioner of Income-tax [1978] 111 ITR 355 (Cal), a decision of this court, and argues that a declaration in Form No. 12 must be filed ....

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.... to any firm for any assessment year, it shall have effect for every subsequent assessment year : Provided that-- (i) there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership on the basis of which the registration was granted ; and (ii) the firm furnishes, along with its return of income for the assessment year concerne....

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....r, assessment has to be made on the basis of such return and not on the basis of the original return although the original return may be relevant for other purposes under the Act. Since section 184(7) contemplates furnishing of a declaration only once, an anomalous situation will arise if the firm furnishes it along with the original return and also with the revised return and such revised retu....