COMMISSIONER OF INCOME TAX Vs. RAJ NARAIN TEWARI

JUDGEMENT

(1.) IN this application under Sub-section (2) of Section 256 of the INcome-tax Act, 1961, the revenue has prayed, for a direction to the INcome-tax Appellate Tribunal (hereinafter referred to as "the Tribunal") to refer the following two questions :

(2.) SUB-section (5) of Section 185 of the Act confers discretion on the Income-tax Officer to refuse to register a firm for any assessment year if there is failure on the part of the firm, as is mentioned under Section 144 of the Act. On account of such failure the Income-tax Officer had refused to register the firm for the assessment year 1968-69. Ultimately, in the appeal preferred by the assessee, the Tribunal has held that, in the circumstances of the case, such failure on the part of the assessee did not warrant refusal to register the firm. In that view, the Tribunal revised this part of the order of the Income-tax Officer.

(3.) IN the result this application is dismissed. But, in the circumstances of the case, we direct the parties to bear their own costs.