1990 (10) TMI 29

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....registration under section 184 of the Income-tax Act, 1961, before the Appellate Assistant Commissioner and so the appeal before the Appellate Tribunal was competent ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the assessee-firm is entitled to continuation of registration for the assessment year 1972-73 ?" The facts leading to the present reference as they appear from the statement of the case are being stated hereinafter. In this case, the assessee is a firm. It filed its return of income on June 23, 1972. The dispute relates to the assessment year 1972-73. The assessee firm was granted registration for the earlier year. For seeking continuation of registrat....

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....Appellate Assistant Commissioner and, as such, the appeal before the Tribunal was also incompetent. The Tribunal, on a consideration of the relevant statutory provisions and the decisions of the various High Courts, took the view that, under the circumstances, the appeal preferred by the assessee before the Appellate Assistant Commissioner as also before the Tribunal was maintainable. Coming to the merits of the case, the Tribunal recorded a finding of fact that the delay in filing the declaration in Form No. 12 was because of the bona fide belief on the part of the assessee that the same was filed along with the return as it was a regular practice of the firm. But since, at the time of assessment, it transpired that the declaration was ....