COMMISSIONER OF INCOME TAX Vs. CHANDRA ASSOCIATES

JUDGEMENT

(1.) HEARD Shri R.L. Jain, learned counsel for the appellant, on the question of admission.

(2.) THIS appeal at the instance of the Revenue has been preferred under S. 260A of the IT Act (hereinafter referred to as 'the Act' for short) against the order dt. 17th April, 2001, passed by the Tribunal, whereby the order passed by the CIT, Bhopal, under S. 263 of the Act has been set aside.

(3.) THIS order was subject-matter of the challenge before the Tribunal at the instance of the assessee. Several grounds were urged before the Tribunal. But it appears that mainly two grounds were pressed into service. One of the grounds was that the assessee had filed a photo-copy of the partnership deed whereas original deed was required to be filed under S. 184 of the Act. This ground was allowed in favour of the assessee on account of concession recorded by the Departmental Representative that this requirement would stand fulfilled if all the partners have signed the photo-copy of the partnership deed and reliance was placed on provisions of S. 184(2) of the Act. Thus, on this ground, the order passed by the CIT under S. 263 of the Act was set aside.