1975 (11) TMI 12

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....ime permitted under the statute and whether the Tribunal was further right in holding that the assessee was not entitled to claim the relaxation permitted under the Central Board of Direct Taxes Circular No. 3P (XXV-22 of 1964) dated July 29, 1964 ? " The assessment year is 1963-64. The assessee is a firm. An application for registration was made in the assessment year 1962-63. During the pendency of the said application the firm filed its return of income on January 25, 1964, for the assessment year 1963-64. Thereafter, on February 2, 1964, the firm furnished the declaration under section 184(7)(ii) of the Income-tax Act, 1961. On July 29, 1964, the Central Board of Direct Taxes issued the above circular. On July 7, 1966, the applica....

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....earned judges of the Allahabad High Court in the case of Kanhaiya Lal Moti Lal v. Commissioner of Income-tax [1969] 72 ITR 507, but the said observation is an obiter and, that apart, with due respect to their Lordships, we are not impressed by it in view of the decision of the Supreme Court in the case of Sri Ramamohan Motor Service v. Commissioner of Income-tax [1973] 89 ITR 274. We are of the opinion that a declaration furnished under section 184(7)(ii) of the Act cannot be treated as an application under section 184(1) of the Act. An application under section 184(1) of the Act can be made only when the firm has not been registered in the earlier year. Under section 184(4) of the Act such an application must be made before the end of t....

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.... the other hand, the prescribed form under section 184(7) is Form No. 12. None of the particulars set forth in the Forms Nos. 11 and 11A are included in Form No. 12. Therefore, a declaration under section 184(7)(ii) cannot be treated or construed as an application for registration under section 184(1) of the Act. Further, section 184(7) of the Act cannot apply in a case where all application under section 184(1) of the Act is pending. In such a case all application under section 184(1) has to be made for registration of the firm in the subsequent assessment year. If no such application is made and only a declaration is furnished along with the return under section 184(7)(ii) it cannot be entertained under the Act. To obviate these dif....