(1.) ON an application of the assessee made under Section 256(1) of the Income-tax Act of 1961 (hereinafter referred to as "the Act") the Income-tax Appellate Tribunal, Cuttack Bench, has stated this case and referred the following question for the opinion of the court:
(2.) ASSESSEE is a firm and the relevant assessment year is 1969-70 corresponding to the previous year ending October 31, 1968 ASSESSEE filed its return for the year together with a declaration under Section 184(7) of the Act. Daring the previous year one of the partners, Radhashyam Khandelwal, had passed away on August 31, 1968. The Income-tax Officer found that the assessee had not closed the books of account on that day nor was there any reconstitution of the firm. It was also found that there was no application in Form No. 11A or in Form No. 11 and one single return of income had been filed covering the entire previous year. Registration of the firm was refused and assessment was made in the status of unregistered firm.
(3.) WE would answer the question referred to us in the negative, namely :