Law:

Section:

Section 184(7) of the income-tax act, 1961-Firm-Registration-Continuation of-For assessment year 1970-71, assessee submitted declaration in form no. 12 on 19-4-1971-Whether amendment made in section 184(7), with effect from 1-4-1971, is applicable to assessee's case-Held, no Facts For the assessment year 1970-71, the assessee applied for continuation of registration in Form No. 12 on 19-4-1971. In view of the amendment of section 184(7), with effect from 1-4-1971, the ITO declined continuation of registration, holding that the form should have been submitted before the expiry of the period for filing the return under section 139(1), i.e., 30-6-1970. On appeal, the AAC upheld the contention of the assessee that the amendment was not applicable to the assessment year 1970-71 and, accordingly, reversed the ITO's order. On further appeal, the Tribunal confirmed the AAC's order. On reference: Held The amendment to section 184(7) was not retrospective in operation. The amendment was expressly made applicable with effect from 1-4-1971. The assessee could not visualize before the enforcement of amendment that he would be required to submit the form for obtaining continuation of registration before the expiry of the period prescribed in section 139(1). In the circumstances of the case, the continuation of registration could not be denied to the assessee on the basis of the amendment to section 184(7), since the amendment was inapplicable to the instant case. Judgment S.P. Goyal, J.-The assessee submitted on April 19, 1971, a declaration in Form No 12. for obtaining a continuation of its registration under section 184(7) of the Income-tax Act (hereinafter called 'the Act'), along with his return for the assessment year 1970-71. The ITO declined the continuation of registration on the ground that the Form should have been submitted on or before June 30, 1970, that is, before the expiry of the period for filing the return under section 139(1) of the Act. The assessee moved an application under section 154 of the Act for a rectification of the order contending that the amendment to section 184(7), under which he was required to file the…

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