Registration of partnership firm time-barred where application was filed beyond six months from actual constitution and delay was not condoned.

For registration of a firm under section 26A, the relevant date is the firm's actual constitution, not the later formal execution of the partnership deed. An application filed more than six months after that constitution was therefore outside the prescribed time under rule 2(a)(i) of the Indian Income-tax Rules, 1922. Registration under the Partnership Act was also ineffective for this purpose until the certificate was granted, since it did not operate from the date of application. As no condonation of delay was sought, the application was held time-barred and non-compliant with the rules, and refusal of registration was justified.

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Issues: Whether the application for registration of the firm under section 26A was filed within the prescribed time and in conformity with the rules for grant of registration.

Analysis: The firm was deemed to have been constituted from the earlier date stated in the partnership deed, not from the date on which the deed was formally executed. On that footing, the application for registration was not made within six months of the constitution of the firm as required by rule 2(a)(i) of the Indian Income-tax Rules, 1922. The firm was also not registered under the Partnership Act before the end of the previous year, because registration takes effect only when the certificate is granted, not from the date of application. No application for condonation of delay had been made.

Conclusion: The application for registration was time-barred and not in conformity with the rules, and the issue was decided against the assessee and in favour of the Revenue.

Final Conclusion: The reference was answered against the assessee, affirming that the refusal of registration was justified.

Ratio Decidendi: For registration under section 26A, the relevant date is the actual constitution of the firm, and registration under the Partnership Act is effective only on grant of the certificate; an application filed beyond the prescribed period is time-barred unless delay is duly condoned.

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