TMI Blog1978 (4) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 declaration in Form No. 12 seeking continuation of its registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61, 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 along with the original return of income. He also argues that a decl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequent 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 concerned, a declaration to that effect, in the prescribed form and verified in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 return is accepted by the Income-tax Officer. Similarly, if the firm furnishes the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larly, if no declaration is furnished along with the original return and it is furnished along with the revised return, it must be held that the declaration has been duly furnished in terms of clause (ii) of the proviso to section 184(7) of the Act. In the premises, we answer the question in the affirmative and in favour of the assessee. There will be no order as to costs. SUDHINDRA MOHAN GUHA ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
