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Commissioner Of Income Tax, A.p v. Satyanarayana Saw Mills

Commissioner Of Income Tax, A.p v. Satyanarayana Saw Mills

(Supreme Court Of India)

Civil Appeal No. 640 Of 1978 | 18-03-1996

The Order of the Court is as follows

1. This appeal is liable to be dismissed in view of this Courts decision in CIT v. Ashoka Engineering Co. The question which was referred to the High Court under Section 256(1) of the Income Tax Act runs thus

"Whether on the facts and in the circumstances of the case, the appeal filed by the assessee before the Appellate Assistant Commissioner against refusal to continue registration under Section 184(7) is maintainable " *

2. In this case, Form No. 12, seeking renewal of registration was not filed along with the return but at a later point of time. The Income Tax Officer refused to condone the delay in filing the said Form, against which order the assessee preferred an appeal to the Appellate Assistant Commissioner. The question arose whether the said appeal is maintainable. The Tribunal held that it was maintainable which opinion has been affirmed by the High Court. This Court has held in the aforesaid decision that such an order is appealable

3. The appeal accordingly fails and is dismissed. No costs.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE B. P. JEEVAN REDDY
  • HON'BLE JUSTICE S. SAGHIR AHMAD
Eq Citations
  • (1996) 8 SCC 4
  • [1996] 85 TAXMAN 401 (SC)
  • AIR 1996 SC 3054
  • (1996) 133 CTR SC 276
  • 1996 3 AD (SC) 116
  • [1996] 219 ITR 358 (SC)
  • JT 1996 (3) SC 391
  • 1996 (2) SCALE 830
  • LQ/SC/1996/623
Head Note

Income Tax — Appeal — Appeal against refusal to continue registration — Maintainability of — Held, is maintainable — Appeal accordingly dismissed — Income Tax Act, 1961, Ss. 253 and 184(7)