LAWS(MPH)-1987-9-32

AYODHYA PRASAD PARMESHWARIDAS Vs. COMMISSIONER OF INCOME TAX

Decided On September 23, 1987
AYODHYA PRASAD PARMESHWARIDAS Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) THE question as to whether a firm is entitled to continuation of registration even in a case where it does not stand dissolved or continuation of registration is possible only if the firm stands dissolved was referred by a Division Bench of this court to a Full Bench by its order dated August 14, 1987, It is thus that the aforesaid question has come up for consideration before us.

(2.) THE Division Bench, in referring the aforesaid question to a Full Bench, was of the view that there seemed to be an apparent conflict on the aforesaid question in the decisions of the two Division Benches of this court, one in the case of CIT v. Gopi Talkies, Raigarh, 1987 163 ITR 568 and the other in the case of Ganesh Rice Mills v. CIT, 1981 132 ITR 257.

(3.) SECTION 184 of the Act is the main section which is relevant for answering the question referred to us and for the sake of convenience, it is being reproduced hereunder :