1981 (3) TMI 39

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....refusal of registration (sic) for the assessment year 1962-63 ? 2. Whether, on the facts and circumstances of the case, the Tribunal was right in saying that the application for registration filed on 3-1-1974, for the assessment year 1963-64 was (not) within a reasonable time ? and 3. Whether, on the facts and circumstances of the case, the Tribunal was justified in upholding the orders of the authorities below in refusing registration to the assessee-firm for both the years in question? " Material facts are as follows. Assessment years involved are 1963-64 and 1964-65. For the assessment year 1963-64, the assessee filed Form No. XI and Form No. XII on January 20, 1968. Form No. XI is prescribed for filing an application for registrat....

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.... also not, in dispute that the applications, for grant of registration, in Form No. XI for assessment years 1963-64 and 1964-65 were inordinately delayed. Section 184(4) of the I.T. Act lays down that the application (for registration of the firm) shall be made before the end of the previous year for the assessment year in respect of which the registration is sought. As noted by the Appellate Tribunal, the application for registration in Form No. XI for assessment year 1963-64, was filed on January 20, 1968, and for assessment year 1964-65, it was filed on January 3, 1974. Section 184(4) of the Act contains a proviso that the ITO may entertain an application made after the end of the previous year, if he is satisfied that the firm was pre....