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TMI Blog1969 (8) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Act, 1961, hereinafter called " the Act." The question of law referred to this court reads: "Whether, on the facts and in the circumstances of the case, was the assessee-firm correctly assessed to tax for the assessment year 1963-64 in the status of an unregistered firm? " In our opinion, the question of law that arises out of the order of the Tribunal is: "Whether the registration of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessment under section 144. That order was served on the assessee on March 12, 1964. On the said date, viz., March 12, 1964, the assessee filed a return of its income for the assessment year 1963-64. It is relevant to state that the Income-tax Officer while making the best judgment assessment under section 144 of the Act assessed the firm in the status of an unregistered firm. Against the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cast the question since the question of law that arises out of the order of the Tribunal is whether the registration granted to the firm for the assessment year 1962-63 shall have effect for the subsequent year, viz., assessment year 1963-64, on the facts and in the circumstances of the case. The Act of 1961 has made a change in regard to the registration of firms for subsequent years. Under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... down by the proviso to sub-section (7) of section 184 of the Act. In our opinion, the Tribunal was right in holding that the registration granted to the firm for the assessment year 1962-63 does not ensure for the subsequent assessment year since the assessee-firm has not filed its return of income. Accordingly, we answer the question that the registration granted to the assessee-firm for the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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