Kachhi Heritage v. ACIT (2021) 187 ITD 335 (Pune)(Trib.)

S. 184 : Firm-Registration-Partnership deed on lesser value stamp paper-Remuneration paid to partners cannot be disallowed and firm cannot be assessed as an AOP.

Where the firm is already registered under the Assistant Registrar of Firm, Pune, Maharashtra, PAN has also been allotted as firm and even in the assessment order, the status of the firm is mentioned as that of the partnership firm. Therefore, the Department is accepting all the genuineness of existence of the partnership firm and only for this technical aspect of deed executed in the lessor denomination stamp paper has framed the assessment treating the assessee as AOP. The Revenue Authorities may call upon the assessee in due course for rectification of this technical defect. In the totality of facts and circumstances and on examination of this issue, the assessee is duly constituted partnership firm. (AY. 2012-13)