INCOME TAX OFFICER v. CHIPA FARID MOHD. KALUJI MOTIWALA
[Citation -1986-LL-1120-4]
Citation | 1986-LL-1120-4 |
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Appellant Name | INCOME TAX OFFICER |
Respondent Name | CHIPA FARID MOHD. KALUJI MOTIWALA |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 20/11/1986 |
Assessment Year | 1984-85 |
Judgment | View Judgment |
Keyword Tags | cross-objection • benami |
Bot Summary: | The appeal by the Revenue is directed against the order of the AAC granting registration to the assessee firm by accepting it as genuine. The AAC found that the assessee firm was duly constituted for the purpose of carrying on business with the capital introduced by the partners and had carried on business and the profits have been appropriated by the partners. He also found that the fact that another firm constituted by the relatives of the partners of the assessee firm carrying on the same line of business in the same premises and utilising the services of the employees of the assessee firm was not sufficient to hold that the assessee firm was a benami firm of the other firm. In this appeal, the contention of the Revenue is that though each one of the facts relied on by the ITO to doubt the genuineness of the firm may by itself not be significant. The cumulative effect was that this firm was under the control of the other firm and could not be regarded as genuine. After going through the orders of the authorities below, we are unable to agree with this contention of the Revenue because there is no clinching evidence to show that the assessee firm was only a facade of the other firm. In the circumstances, we accept the finding of the AAC that the assessee firm was genuine and it was entitled to registration. |