(1.) THIS is a reference under section 256(1) of the Income-tax Act, 1961 (the "Act"). The following question, at the instance of the Revenue, has been referred by the Income-tax Appellate Tribunal, Bangalore Bench :
(2.) THE assessee is a firm in respect of which the Income-tax Officer had granted registration for the years earlier to 1975-76.
(3.) IN the second appeal preferred by the assessee, the Appellate Tribunal, following the decision of the Gujarat High Court in CIT v. Dineshchandra INdustries , held that the appeal before the Appellate Assistant Commissioner was maintainable and it directed the Appellate Assistant Commissioner to rehear the appeal on merits.