| Case ID |
397f1b9a-9b2d-42fd-aef2-e62ac2190c80 |
| Body |
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| Case Number |
IT REFERENCE No. 87 OF 1963 |
| Decision Date |
Dec 21, 1965 |
| Hearing Date |
|
| Decision |
The court found that the application for registration made by the assessee-firm was barred by time as it was not submitted within the required period as stipulated under the Income-tax Rules. The Tribunal upheld the rejection of the registration application, concluding that the firm did not exist in the relevant accounting year due to the absence of a valid partnership deed at the time of application. Consequently, the refusal to grant registration under section 26A of the Indian Income-tax Act, 1922, was justified. The court also emphasized that the circular issued by the Central Board of Revenue was not binding and could not alter the statutory provisions governing the registration process. |
| Summary |
In the case of Bela Singh Daulat Singh v. Commissioner of INCOME TAX, the Allahabad High Court addressed critical issues regarding the registration of a partnership firm under the Income-tax Act, 1961 and the Indian Income-tax Act, 1922. The case revolves around the application for registration made by the assessee-firm for the assessment year 1957-58, which was rejected due to the late submission of the partnership deed and non-compliance with the stipulated timelines. The court ruled that an application for renewal of registration could not be entertained unless a prior registration had been granted, thereby reinforcing the importance of adhering to regulatory timelines in tax matters. This case highlights the complexities involved in tax registration processes and the stringent requirements imposed by the Income-tax authorities. It serves as a significant precedent for future cases involving partnership registrations and tax compliance, emphasizing the necessity for timely submissions and the proper documentation of partnership deeds. |
| Court |
Allahabad High Court
|
| Entities Involved |
Not available
|
| Judges |
M.C. Desai, C.J.,
R.S. Pathak, J.
|
| Lawyers |
R.K. Gulati,
S.C. Das
|
| Petitioners |
Bela Singh Daulat Singh
|
| Respondents |
Commissioner of INCOME TAX
|
| Citations |
1966 SLD 297,
(1966) 62 ITR 250
|
| Other Citations |
Patny & Co. v. CIT [1955] 28 ITR 414 (Ori.),
CIT v. Ogale Glass Works Ltd. [1954] 25 ITR 529 (SC)
|
| Laws Involved |
Income-tax Act, 1961,
Indian Income-tax Act, 1922
|
| Sections |
184,
26A
|