ABC Foundation, a non-profit company, was registered (in the year 2003) under section 25 of the Companies Act, 1956. As per section 2(18)(aa) of the…

According to section 8 of the General Clauses Act, 1897, where this Act or Central Act or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted. Also decided in case of Gauri Shankar Gaur v. State of U.P. that every Act has its own distinction. If a later Act merely makes a reference to a former Act or existing law, it is only by reference and all amendments, repeals new law subsequently made will have effect unless its operation is saved by the relevant provision of the section of the Act. In this case, section 25 of the Companies Act, 1956 (dealing with non-profit companies) has been repealed and re-enacted as Section 8 of the Companies Act, 2013. Though section 2 (18) (aa) of the Income-tax Act, 1961 still mentions "companies registered under section 25 of the Companies Act, 1956", by virtue of section 8 of the General Clauses Act, 1897, the reference shall be deemed to mean “companies registered under section 8 of the Companies Act, 2013”.