DAWOOD SONS Vs. ASST COMMISSIONER OF INCOME TAX
LAWS(IT)-2008-7-6
INCOME TAX APPELLATE TRIBUNAL
Decided on July 18,2008

Appellant
VERSUS
Respondents

JUDGEMENT

O.K. Narayanan, Accountant Member - (1.) THIS is an appeal filed by the assessee for the assessment year 2003-04. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-IX at Chennai dated 4.10.2007. The assessment in this case was completed under Section 143(3) of the Income-tax Act, 1961.
(2.) The assessee was assessed to tax in the status of "firm" hitherto before. But, for the previous year relevant to the assessment year under appeal, there was reconstitution effected in the firm. The assessee has not filed a copy of the revised deed along with return of income. According to the Assessing Officer, non-filing of the revised partnership deed will not mandatorily result in assessing the assessee in the status of AOP. The Assessing Officer held that the revised partnership deed was deliberately not filed by the assessee so as to take the benefit of less tax applicable to AOP. The view of the Assessing Officer was confirmed by the CIT(Appeals) on the ground that the assessee has filed its return of income in the status of "firm". The assessee is aggrieved and, therefore, in appeal before us. It is the case of the assessee that the Assessing Officer has erred in assessing the assessee as a "firm" when the provisions of Section 184 relating to filing of a certified copy of the revised instrument of partnership had not been complied with. The assessee argues that the Assessing Authority has erred in not applying the provisions of Section 185.
(3.) WE heard Shri V. Ravichandran, the learned Chartered Accountant appearing for the assessee and Shri Shaji P. Jacob, the learned Senior D.R. appearing for the Revenue.;


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