Deb, J. - (1.) This is a reference under Section 256(1) of the Income-tax Act, 1963. The assessment year under consideration is 1963-64.
(2.) The assessee is a firm. Registration granted to it earlier was continued up to the assessment year 1962-63. In September, 1963, the assessee filed its return of income for the assessment year 1963-64, but it did not furnish a declaration along with the said return. Thereafter, the assessee filed a revised return of income along with a declaration in Form No. 12 seeking continuation of its registration.
(3.) The Income-tax Officer did not grant the registration. The appeal filed by the assessee was dismissed by the Appellate Assistant Commissioner. The assessee filed further appeal. The Tribunal held that the declaration filed with the revised return was valid and that the registration should have been allowed to it. Then, at the instance of the Commissioner, the following question was referred to this court by the Tribunal: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the declaration made in Form No. 12 (prescribed under the Income-tax Rules, 1962), which was filed by the assessee along with the revised return of income made on 6th March, 1968, was valid, and complied with the provisions of Section 184(7) of the Income-tax Act, 1961, and the assessee, consequently, was to be treated as a registered firm for the assessment year 1963-64?";