Law: Income Tax Ordinance, 1979

Section: 68(4),69(1)(b)(ii),55,156,68

(a) Income-tax Ordinance (XXXI of 1979)---S. 68(4)--Registration of firm--When a firm is registered, its registration becomes effective not only for the income-year in which it is registered but also for all subsequent income years for so long there is no change in the constitution of the firm. (b) Income-tax Ordinance (XXXI of 1979)-- ---S. 69(1)(b)(ii), proviso--Registration of firm--If a firm was unregistered, Income-tax Officer had the power of treating it as a registered firm before introduction of proviso to S. 69(1)(b)(ii) which he could not do after 1-7-1986. (c) Income-tax Ordinance (XXXI of 1979)-- ---Ss. 55 & 68(4)--Registered firm--Filing of return--Assessee had not filled in Part III-A & B and Part IV of the Return--Held, non-filling of Part III-A & B and Part IV of the Return by assessee would be of no significance as I.-T.O. had to follow the mandatory provision of S. 68(4) which would definitely prevail upon the provisions of Rules framed under the Ordinance regarding filling in of the Return Forms by registered firms. Banja and Sons v. C.I.T. 5 I T R 47; Cheranjilal v. C.I.T. 5 I T R 44; Greenfields v. C.I.T. 35 I T R 61 and Meerasahab Tharaganar v. C.I.T. 48.1 T R 950 ref. (d) Income-tax Ordinance (XXXI of 1979)-- ---S. 68(4)--Registration of firm--Income-tax Officer has to follow the provisions of S. 68(4) whether or not the registration is beneficial for an assessee for subsequent years for the simple reason, that provision of S. 68(4) is a mandatory provision of law and Income-tax Officer has not been given any option but to follow it. While enforcing the provisions of subsection (4) of section 68, the I.-T.O. is not to be guided by the principle as to whether the registration of a firm or giving status of a registered firm in subsequent asstt. years would be beneficial or harmful to the interest of an assessee. It, therefore, cannot be argued that since the provision of the registration is for the benefit of the assessee, therefore, if an assessee does not want the status of a registered firm in subsequent asstt. years it should not be conferred on him. The I.T.O. has to follow the provisions of subsection (4) of Section 68 of…

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