COMMISSIONER OF INCOME TAX Vs. PARMANAND SWAROOP CHAND

JUDGEMENT

(1.) "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the order of the ITO under s. 184(7) is appealable and consequently in setting aside the AAC's order and directing him to dispose of the case on merits ?"

(2.) THE facts stated in the order of reference are that the assessee filed its return of income on 2nd Jan., 1974 in the status of a registered firm. THE assessee's previous year ended on Diwali, 1971. Along with the return of income, Form No. 12 was also filed on 2nd Jan., 1974. THE ITO held that Form No. 12 filed by the assessee was filed late. He, therefore, refused to give effect to the registration of the firm under s. 184(7). On appeal, the AAC held that the appeal against the order of ITO under s. 184(7) was not maintainable. He, therefore, maintained the order passed by the ITO.

(3.) IN view of the decision of this Court, the reference is answered in favour of the assessee. The question is answered in the affirmative. IN the circumstances, the parties are directed to bear their own costs.