| Case ID |
31a60833-ffc6-44e6-8b7c-8efde4b3b43d |
| Body |
View case body. Login to View |
| Case Number |
MISCELLANEOUS CIVIL CASE No. 42 OF 1979 |
| Decision Date |
|
| Hearing Date |
|
| Decision |
The High Court upheld the decisions of the lower authorities, affirming that the applications for registration filed by the assessee were not within a reasonable time. The court noted that the delay in filing the applications was not justified and that the rejection of the application for the assessment year 1962-63 had no bearing on the current applications. The decision favored the revenue, indicating that the firm was not entitled to registration for the relevant assessment years due to the belated filing of the applications and absence of a reasonable cause for the delay. |
| Summary |
In the case of Malwa Oil Mills vs. Commissioner of Income Tax, the Madhya Pradesh High Court addressed the issue of registration of a firm under the Income-tax Act, 1961. The case revolved around the applications for registration filed for the assessment years 1963-64 and 1964-65. The Income Tax Officer (ITO) had originally refused registration on the grounds that the applications were belated and no reasonable cause had been shown for the delay. The firm had filed its applications on January 20, 1968, and January 3, 1974, respectively. The Tribunal upheld the ITO's decision, stating that the delay was significant and unexplained. The High Court confirmed this decision, emphasizing that the argument regarding a previous refusal of registration for the assessment year 1962-63 was not raised during the initial proceedings, and thus, had no relevance to the current applications. The ruling reinforced the importance of timely filing of applications and adherence to procedural requirements under tax law. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
S.S. Sharma,
K. N. Shukla
|
| Lawyers |
A.K. Chitale,
Bagadia
|
| Petitioners |
Malwa Oil Mills
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
1982 SLD 1060,
(1982) 136 ITR 240
|
| Other Citations |
Not available
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
185
|