LAWS(MPH)-1981-3-4

MALWA OIL MILLS Vs. COMMISSIONER OF INCOME TAX

Decided On March 17, 1981
MALWA OIL MILLS Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) THIS is a reference under Section 256(1) of the I.T. Act by the Income-tax Appellate Tribunal, Indore Bench, stating the case and referring the following questions for our opinion :

(2.) 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 registration of the firm under the I.T. Act and Form No. XII is prescribed for applying for continuation of registration. The ITO held that the assessee had not been granted registration for the preceding years. As according to him, Form No. XI was belated by about five years and no reasonable cause had been shown for this delay he refused registration.

(3.) IT was not in dispute before us that registration had not been granted to the assessee for the years preceding the assessment years in question. IT was 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.