COMMISSIONER OF INCOME TAX Vs. RAJASTHAN CONSTRUCTION COMPANY
LAWS(RAJ)-2004-7-58
HIGH COURT OF RAJASTHAN
Decided on July 13,2004

COMMISSIONER OF INCOME TAX Appellant
VERSUS
Rajasthan Construction Company Respondents

JUDGEMENT

- (1.) THE appeal has been admitted in terms of the following question : 'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in allowing registration to assessee -firm whereas the assessee -firm itself had filed return in the status of URF, and this case was of fresh registration of the firm?'
(2.) THE assessee -firm filed return of income for the asst. yr. 1990 -91 in the status of URF. During the course of assessment proceedings under Section 143(3), the assessee filed application for registration with partnership deed on 17th Dec., 1992 and requested for condonation of delay stating reasons that the deed could not be filed on 31st March, 1990 as it remained with the Authorised Representative. The AO did not accept the reasons and the application of the assessee for registration has been rejected, The CIT(A) has also dismissed the appeal.
(3.) THE Tribunal has allowed the appeal considering the facts and circumstances that there is a reasonable ground for condonation of delay and delay should be condoned and registration should be allowed.;


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