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Issues involved:
The issue involves the continuation of registration of an assessee firm under section 184(7) of the Income-tax Act, 1961, based on the timely filing of necessary declarations and returns. Judgment Details: Issue 1: Declaration for Continuation of Registration The assessee firm filed a declaration under section 184(7) of the Act for continuation of registration after the due date for filing the return had passed. The Income-tax Officer refused continuation of registration citing non-fulfillment of conditions. However, the Appellate Assistant Commissioner and the Appellate Tribunal found that the declaration was filed along with the return within the extended time granted for filing the return. The Appellate Assistant Commissioner held that the time granted for filing the return also applied to the declaration of continuation of registration. The Appellate Tribunal agreed with this finding, leading to the continuation of registration for the assessee firm. Issue 2: Extension of Time for Filing Return The Department contended that the assessee had not filed an application in Form No. 6 for extension of time for filing the return. However, it was found that the assessee had indeed applied for an extension, supported by evidence of sending the application by registered post. The Appellate Assistant Commissioner and the Appellate Tribunal accepted that the extension of time for filing the return also covered the filing of the declaration in Form No. 12 for continuation of registration. Issue 3: Presumption of Extension of Time The Court held that if the Income-tax Officer does not reject an application for extension of time for filing the return and does not communicate any rejection to the assessee, it is presumed that the extension has been granted. Citing a previous decision, it was established that the assessee was justified in presuming the extension of time for filing the return. Therefore, the return filed within the extended time was considered valid. Conclusion: The Court upheld the decisions of the Appellate Assistant Commissioner and the Appellate Tribunal, ruling in favor of the assessee and against the Revenue. It was held that the continuation of registration for the assessee firm was justified, even in the absence of a formal order from the Income-tax Officer extending the date for furnishing the return.
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