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TMI Blog1980 (7) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in filing the application ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the Income-tax Officer was justified in not condoning the delay of 8 years in filing the application for registration; for the assessment year, 1959-60 ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the refusal of registration to the assessee-firm for the assessment year 1959-60 ?" The brief facts giving rise to this reference are that on July 9, 1957, Shri J. H. Jain and Shri Shankar Dass Jain entered into a partnership to carry on business in cloth in the name and style of M/s. Jagdish Ram Shankar Dass. For the assessment year 1958 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h's time to the assessee for filing the application for registration for the assessment year 1959-60 and then to determine its status in accordance with law. In pursuance of the order dated May 19, 1970, of the AAC, the ITO allowed the assessee-firm one month's time to file in application for registration for the assessment year 1959-60 and the assessee submitted this application on August 25, 1970. The ITO called upon the assessee to explain the delay for not filing this application before the end of the previous year relevant to the assessment year 1959-60, as required under s. 184(4) of the Act. The assessee was unable to give any explanation for the delay of 9 years in filing the application. It was contended that the grant of time, un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. It has abundantly been made clear in the circular that if, for any reason, the application for registration is rejected after the firm has filed declaration for the continuation of the registration for a later year, the ITO should instead of rejecting the declaration as incompetent, allow the partners of the firm concerned, an opportunity for filing an application for the registration within a reasonable time, say, one month, provided the declaration for the continuation of registration for that year was filed in time. The filing of the declaration in time is a condition precedent for application for giving the concession as envisaged in the circular. The requirements of s. 184(4) of the Act, which prescribes the limitation, ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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