Law:

Section:

Income-tax Act, 1922 -Section 26A -- Income-tax Rules -Rule 2(2)(b), proviso -- Firm -Registration -Application -Time limit -Firm constituted by an instrument of partnership -Firm not registered either under the Partnership Act or the Registration Act -Application for registration made for the first time by the end of previous year next to the year of constitution -Whether barred by time -Held yes -Knowledge of registration of the deed either under Partnership or Registration Act -Whether should be available at the time of making application under Sec. 26A of the Act -Held yes -"For the first time" in proviso to clause (b), meaning of -- Partnership -Registration -Application for registration "for the first time" not made within six months of the constitution of firm -Held, time-barred -Firm not registered under Partnership Act (IX of 1932) or Registration Act (XVI of 1908) -Time-limit for such application is shorter of, two periods specified in proviso -Proviso not applicable if firm is registered under either of two Act -Application not in respect of year ending on 31-5-1955 -Held, covered by clause (b) of rule 2(2) -- Interpretation -Proviso provides safeguard to genuine firms and check on bogus ones -- Partnership -Application for registration -Determining time-limit duty of Assessing Officer -Such examination cannot be postponed to appellate stages -- Corresponding Sections: Income-tax Ordinance, 1979 -Section 68 -- ORDER {The order was passed by NUR ILAHI, President}.---This appeal which is at the instance of the assessee arises out of and is led against the order of the Appellate Assistant Commissioner of Income-tax. It is in the matter of registration of a business firm under the provisions of Income-tax Act, and pertains to the charge year 1960.61}. 2. The appellant was constituted into a firm by a deed of partnership executed on 2nd June 1958. The assessee's accounting period relevant to tthe assessment year under appeal was from 1st June 1959 to 31st May 1960. No application for registration for the preceding assessment year in which the firm was set up namely, 1959-60 was made. Registration for the first time was sought for the period under the…

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