M/S. Dayanand Contractor, Rohtak vs. Pr.CIT, Rohtak
In the result, original
ITA 2807/DEL/2016[2010-11]Status: DisposedITAT Delhi30 Nov 2017AY 2010-11
Bench: Shri Bhavnesh Saini & Shri L.P. Sahu
For Appellant: Kumar Kamal & Lalit MohanFor Respondent: Ms. Rachna Singh, CIT-D.R
Section 139Section 147Section 148Section 263
…only question remained whether the firm be assessed as registered firm or unregistered firm. It was not in dispute that the assessee made all the necessary compliance required for getting the registration as per section 185. In K.D. Kamath & CO. v. CIT [1971] 82 ITR 680 the Supreme Court held that 18 ITA.No.2806 & 2807/Del./2016 M/s. Dayanand, Contractor, V & PO Kharainti, Dist. Rohtak. the fact that the exclusive power and control, by agreement of the parties, is vested in one partner, and the further circumstances that only one partner can operate the bank accounts or borrow on behalf of the firm, is not destru…