Law:

Section:

Section 184 of the Income-tax Act, 1961 - Firm - Position prior to 1-4-1993 - Assessment year 1971-72 - Whether continuation of registration granted to a firm prior to 1-4-1971 cannot be denied merely on ground that declaration was made in old Form No. 12 and not in new form as amended with effect from 1-4-1971 - Held, yes FACTS The assessee-firm was granted registration in the past. Along with the return of income for the assessment year in question, the assessee filed a declaration on 25-10-1971, for the purpose of section 184(7). The declaration, however, was not in the form which was prescribed with effect from 1-4-1971, but was in the form which was in vogue earlier. The ITO required the assessee to file a declaration in the latest prescribed form but the assessee failed to do so within the time granted by the ITO. On the ground that there was no declaration in the prescribed form, the ITO declined continuation of registration. On appeal, the AAC confirmed the section of ITO. On second appeal, the Tribunal held that it was not necessary to file the declaration in the form which was prescribed with effect from 1-4-1971 and it was enough if the assessee filed a declaration in the form which was prevailing before 1-4-1971, and allowed assessee's claim. On reference : HELD Beyond the filing of the declaration in the prescribed form, no other procedure is prescribed for the continuance of registration under section 184(7). Section 185 prescribes the procedure for the making of an application for registration of a firm and the procedure to be followed thereafter. In section 185 an Explanation was added to take effect from 1-4-1971, providing that for the purpose of sections 185 and 186 a firm shall not be registered as a genuine firm if any partner of the firm was a benamidar of any other partner. Consequent to the addition of this Explanation, the form previously prescribed for making a declaration to take effect from 1-4-1971, was amended so as to provide for a declaration that none of the partners was a benamidar of the other. The question of making such a declaration did not strictly arise since, the declaration under section 184(7) was only to the effect…

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