Law:

Section:

JUDGMENT Anantanarayana Iyer, J.-The Income-tax Appellate Tribunal, Bombay, has referred the following question to this court under section 66(1) of the Income-tax Act, 1922 (Act XI of 1922), for decision : "Whether, on the facts and in the circumstances of the case, the application under section 26A of the Income-tax Act was filed out of time?" The relevant facts are correctly stated in the statement of the case drawn up by the Tribunal and are beyond dispute. The most important data for deciding the present case consists of various relevant facts and dates as follows : (1)5-11-1954 : The firm of the assessee, namely, Sri Jayalakshmi Rice and Oil Mill Contractors Co., Angalur, was constituted, i.e.,came into existence (2)4-5-1955 : The date within which application should be filed by the assessee as an unregistered firm under rule 2(a), i.e., within six months of the constitution of the firm. (3)14-10-1955 : The assessee filed the application before the Income- tax Officer for registration of the partnership under the Income-tax Act. (4)20-10-1955 : The assessee filed before the Registrar of Firms a statement under section 58 of the Partnership Act (Act No. IX of1932). The Income-tax Officer, in his order dated March 23, 1961, on the application, for certain reasons, concluded that the application for registration was sent to the Registrar only on November 1, 1955. That conclusion is wrong. For, the assessee filed a statement (certificate) from the Registrar of Partner ships that the statement of the assessee under section 58 reached him on October 20, 1955. Both sides argued on the basis that the statement was filed on October 20, 1955, which is the correct date. (5)26-10-1955 : The firm closed its books for profit and loss. This was the last date of the previous year for the purpose of rule 2. (6)2-11-1955 : The Registrar of Firms filed the statement of the assessee and made entries in the register of firms. (7)23-3-1961 : The Income-tax Officer passed an order refusing to register the application for various reasons, one of which was thatthe application was not made in time. (8)26-6-1961 : The Appellate Assistant Commissioner of Income-tax, Vijayawada,…

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