OM ENTERPRISES Vs. COMMISSIONER OF INCOME TAX, DHANBAD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this tax appeal, the following substantial question of law is involved:

(3.) THE petitioner since got the order of registration of his firm vide order dated 26.02.1996 pertaining to year 198788 as was passed by the A.O. after remand by the I.T.A.T. for the purpose of registration of the firm, therefore, the petitioner's contention before the A.O. was that since as registration has already been ordered for the year 198788, therefore, as from that year, the appellant's firm's registration continues from the year 198788, till its constitution is changed. Therefore, since the fact of non registration of the firm became nonexistent with effect from the date submitting the Form 11A of the Income Tax Act, 1961 for assessment year 198788, the order passed by the Assessing Officer for the assessment year 198889 should have been rectified. The A.O. refused to rectify, the C.I.T. (A) and tribunal also dismissed the appeals. Therefore, this appeal has been preferred by the assessee.