COMMISSIONER OF INCOME TAX Vs. ANJENEYULU K

JUDGEMENT

(1.) FOLLOWING the decision of the Supreme Court in CIT v. Bagyalakshmi and Co. and the decisions of some of the High Courts, the Tribunal held that the assessee was entitled to grant of continuation of registration of the firm, notwithstanding the fact that one of the partners signed the application in dual capacity one as individual and the other as karta of Hindu undivided family. For the immediately preceding year also, the Commissioner of Income-tax (Appeals) granted relief in favour of the assessee directing continuance of registration of the firm. In those circumstances, the Tribunal is justified in refusing to refer the question for the decision of this court. We are in agreement with the Tribunal and therefore, the I.T.C. is dismissed.