Law: Income Tax Ordinance, 1979

Section: 68(4),68,69,(5),59

(a) Income Tax Ordinance (XXXI of 1979)---S.68(4)---Registration of firm---Refusal of registration---Order under S.68(4) of the Income Tax Ordinance, 1979 was not merely for granting of registration but under the same provision of law the Assessing Officer was also entitled to refuse the registration of a firm if he was satisfied that a genuine firm as shown in the instrument of partnership was not in existence in the relevant income year, and that it had not fulfilled the requirements as laid down in subsections (2) & (3) of S.68 of the Income Tax Ordinance, 1979. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.68---Registration of firm---Application for registration---In order to qualify for being a registered firm an application had to be made by the firm and the department cannot on its own grant the registration to a. firm. (c) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 68 & 69---Registration of firm---Department, till the assessment year 1985-86, could treat an unregistered firm (i.e. a firm which had not even applied for registration) as registered firm for the purpose of levy of tax as laid down in sub-clause (ii) of cl. (b) of subsection (1) of S.69 of the Income Tax Ordinance, 1979 but due to insertion of proviso to S.69 this power had been taken away from the Department---Natural corollary of such change in law by the Legislature was that the assessee was entitled to claim status of an unregistered firm for the purposes of levy of tax at concessional rates. (d) Income Tax Ordinance (XXXI of 1979)--- ---; S.68---Registration of firm---Claim of status as an "Association of Persons" from "registered firm" ---Validity---Assessee was legally well within its right to claim the status of an "Association of Persons" irrespective of the fact whether the firm had' been dissolved or was intact as the claim of registration under S.68 of the Income Tax Ordinance, 1979 was the privilege for which the assessee could apply after fulfilling the requirements enumerated thereunder. (e) Income Tax Ordinance (XXXI of 1979)--- ----S.68(4) & (5)---Registration of firm---Status---Change of---Provision of S.68(4) of the Income Tax Ordinance, 1979 to treat a…

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