9911796707
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Issues Involved:
1. Cancellation of registration under section 186(1) of the Income-tax Act for the assessment year 1990-91. 2. Denial of the benefit of continuation of registration for the assessment year 1991-92. 3. Determination of status for the assessment year 1992-93 as URF instead of RF. Detailed Analysis: 1. Cancellation of Registration for the Assessment Year 1990-91: The primary issue was whether the appellant-assessee was a genuine partnership firm and whether the Assessing Officer (AO) was justified in canceling the registration under section 186(1) of the Income-tax Act for the assessment year 1990-91. - Appellant's Argument: The appellant contended that the firm was genuine and had been consistently granted registration from 1982-83 to 1989-90. They argued that the firm had made necessary corrections and revisions in their returns, declaring the status of a registered firm, and the minor deviations in their conduct were due to legal advice to avoid complications with the Urban Land Ceiling Authority. - Assessing Officer's Grounds for Cancellation: The AO based the cancellation on several grounds, including the firm's declaration as an AOP before the Urban Land Ceiling Authority, the opening of a bank account as an AOP, the sale of plots by retiring partners, and inconsistencies in the firm's documents and returns. - Tribunal's Decision: The Tribunal, led by the Judicial Member, held that none of these factors were sufficient to deem the firm non-genuine. The Tribunal emphasized that the essentials of a valid partnership were present, and the firm had consistently operated as a partnership. The Tribunal found that the AO did not conduct a full-fledged enquiry and relied on minor deviations and irregularities. Therefore, the cancellation of registration for the assessment year 1990-91 was not justified. 2. Denial of Continuation of Registration for the Assessment Year 1991-92: The issue was whether the AO was justified in denying the continuation of registration for the assessment year 1991-92. - Appellant's Argument: The appellant argued that the firm had filed the necessary forms and returns, and the minor deviations in their conduct were corrected through revised returns. - Assessing Officer's Grounds for Denial: The AO denied the continuation of registration based on the same grounds used for the cancellation of registration for the assessment year 1990-91. - Tribunal's Decision: The Tribunal, following the same reasoning as for the assessment year 1990-91, held that the denial of continuation of registration was not justified. The Tribunal emphasized that the firm had consistently operated as a partnership and had made necessary corrections in their returns. 3. Determination of Status for the Assessment Year 1992-93 as URF: The issue was whether the AO was justified in determining the status of the assessee as URF instead of RF for the assessment year 1992-93. - Appellant's Argument: The appellant contended that the firm had consistently operated as a partnership and had filed the necessary forms and returns declaring the status of a registered firm. - Assessing Officer's Grounds for Determination as URF: The AO determined the status as URF based on the same grounds used for the cancellation of registration for the assessment year 1990-91. - Tribunal's Decision: The Tribunal held that the determination of status as URF was not justified. The Tribunal emphasized that the firm had consistently operated as a partnership and had made necessary corrections in their returns. The Tribunal found that the AO did not conduct a full-fledged enquiry and relied on minor deviations and irregularities. Separate Judgments: - Judicial Member's View: The Judicial Member held that the firm was genuine and entitled to registration and continuation of registration for all three assessment years. The Judicial Member emphasized that the AO did not conduct a full-fledged enquiry and relied on minor deviations and irregularities. - Accountant Member's View: The Accountant Member disagreed with the Judicial Member and held that the firm was not genuine for the assessment years 1990-91 and 1991-92. The Accountant Member emphasized that the firm had acted as an AOP for certain purposes and as a firm for others, which was not permissible. - Third Member's Decision: The Third Member agreed with the Judicial Member and held that the firm was genuine and entitled to registration and continuation of registration for all three assessment years. The Third Member emphasized that the AO did not provide sufficient evidence to prove that the firm was non-genuine. Conclusion: The Tribunal allowed the assessee's appeals, holding that the cancellation of registration for the assessment year 1990-91 and the denial of continuation of registration for the assessment years 1991-92 and 1992-93 were not justified. The Tribunal emphasized that the firm had consistently operated as a partnership and had made necessary corrections in their returns.
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