Rajasthan High Court - Jaipur
Cit vs Rajasthan Construction Co. on 10 September, 2001
Equivalent citations: (2002)172CTR(RAJ)713
JUDGMENT
By the Court It is argued by Mr. Bhandawat, learned counsel for the department, that in order to get benefit of registration, the assessee should proceed in strict confirmity with the relevant provisions of the Act. He has placed reliance on the decision of this court in Udaipur Soap Factory v. CIT (1987) 167 ITR 613 (Raj).
2. On the other hand, Mr. Kothari, counsel appearing for the respondent-assessee, submits that it is entirely a question of fact and no substantial question of law arises in this case. He has placed reliance on the decision of this court rendered in Addl. CIT v. Bhatia Mahajan Construction (1984) 149 ITR 148 (Raj), CIT v. Swaroop Chand Kojuram Barmer (1985) 154 ITR 660 (Raj). He has also placed reliance on CIT v. Mohd. Bux Shokat Ali (2001) 167 CTR (Raj) 192.
3. Mr. Bhandawat submits that this court in Kankaria Textiles v. CIT (1993) 200 ITR 408 (Raj) has considered it to be a question of law. Considering all facts and circumstances, in our view following substantial question of law arises for consideration of this court.
1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in allowing registration to assessee-firm whereas the assessee-firm itself had filed return in the status of URF, and this case was of fresh registration of the firm.
Admit.
Issue notice.
Mr. Kothari waives the notice for respondent-assessee.