COMMISSIONER OF INCOME TAX Vs. ARVIND CONSTRUCTION CO

JUDGEMENT

(1.) THIS application under S. 256(1) of the IT Act, 1961, which will hereafter be referred to as "the Act", has been filed on behalf of the CIT, Delhi. The application is directed against the order of the Tribunal refusing to refer to this Court the following question of law which the applicant claims arises out of the order of the Tribunal for the asst. year 1965 -66 :

(2.) THIS new firm applied to the ITO for registration and was granted registration.

(3.) IN the assessment proceedings for the asst. year 1965 -66, the ITO noticed that there were two returns filed by the assessee -firm, one for the period ending August 25, 1964, showing an income of Rs. 2,94,273 and the other for the period August 26, 1964, to February 15, 1965, showing an income of Rs. 65,327. He passed a single assessment order on the total income determined at Rs.