9911796707
TMI Blog1997 (11) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... 1988-89. 2. The brief facts of this case are that the firm came into existence in the asst. yr. 1976-77 and the assessment was completed from asst. yrs. 1976-77 to 1987-88 accordingly. A search took place on 29th July, 1987 and statement of one of the partners Smt. Usha Devi was recorded wherein it was stated by Smt. Usha Devi that she is not a partner in any of the firm. The AO while relying on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that she is a partner in the firm. In view of these observations, the AO denied the registration in both the years and treated the firm as URF. 3. The first appellate authority, after considering the submissions made by the learned Departmental Representative before him allowed the appeal of the assessee for asst. yr. 1982-83 wherein he quashed the order of the AO and directed him to allow the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A) and he further added that the firm is very old since 1976-77 and the registration was granted for all the years. There is no change in the constitution in any of the year. He further stated that registration between asst. yrs. 1983-84 to 1987-88 is also granted. The firm is genuine one. He further submitted that nowhere any finding is given by the AO that the partner is a benami of any of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under s. 132(5) wherein it was mentioned that she is a partner in the firm and she also mentioned some other facts regarding the firm's constitution. After perusing the registration order of the AO, we noticed that the AO summoned the lady and statement of the lady was recorded in the office of the AO and at that time, she admitted that she is a partner in the firm and she also admitted that out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in upholding the action of the first appellate authority who has allowed the appeal of the assessee after considering all the aspects of the case. The ratio of the case decided by the Ahmedabad Bench is also directly helping to the assessee which was rightly considered by the CIT(A). Therefore, we uphold the orders passed by the first appellate authority and accordingly the appeals of the Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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