1955 the assessee filed before the Registrar of Firms a statement under s. 58 of the Indian Partnership Act 1932.
Appeal from the judgment and order dated April 15, 1966 of the Andhra Pradesh High Court in Case Referred No.
On March 23, 1961 the Income tax Officer passed an order refusing to register the firm under s. 26A inter alia, for the reason that the application had number been made in time.
This application was received by the Income tax Officer on October 14, 1955.
C. Manchanda, B. D. Sharma and R. N. Sachthey, for the .appellant.
Rajendra Chaudhuri, for the respondent.
On that a reference was sought and the High Court answered the question referred in favour of the asses,see on the ground that the application had been filed in time.
On October 20.
545 of 1967.
The assessee firm was companysti tuted under a deed of partnership dated October 6, 1955.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appeal taken to the Appellate Assistant Commissioner by the assessee failed.
The Income tax Appellate Tribunal also upheld the order of the Income tax Officer and the Appellate Assistant Commissioner.
The Judgment of the Court was delivered by Grover, J. This is an appeal from a judgment of the Andhra Pradesh High Court arising out of a reference made under S. 66 1 of the Income tax Act, 1922, hereinafter called the Act of the question whether on the facts and in the circumstances of the case the application under s. 26A of the Act was filed out of time The facts are number in dispute.
The previous year of the firm was shown as the year, ending October 26, 1955.
40 of 1963.
It was to companye into existence with effect from November 5, 1954.
The assessee filed an application under S. 26A of the Act for registration of the firm for the assessment year 1956 57.
On November 2, 1955 the Registrar of Firms filed the statement of the assessee and made entries in the registrar of firms.
