- (1.) THE following questions of law have been referred to this court for its opinion at the instance of the assessee : " (i) Whether the grant of one month's time under the Circular No. 3p (XXV)-22 of 1964 dated July 29, 1964, issued by the Central Board of Direct Taxes for filing an application for registration automatically condones the delay which has already occurred in filing the application ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the Income-tax Officer was justified in not condoning the delay of 8 years in filing the application for registration for the assessment year 1959-60 ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the refusal of registration to the assessee-firm for the assessment year 1959-60 ?"
(2.) THE brief facts giving rise to this reference are that on July 9, 1957, Shri J. H. Jain and Shri Shankar Dass Jain entered into a partnership to carry on business in cloth in the name and style of M/s. Jagdish Ram Shankar Dass, For the assessment year 1958-59, relevant to the accounting period ending on 31st March, 1958, this firm applied for registration on December 11, 1967. The ITO rejected this application on March 3, 1970, on the ground that the same was out of time by more than 9 years,
(3.) FOR the assessment year 1959-60 relevant to the accounting period ending on March 31, 1959, the return of the income of the assessee, though dated October 18, 1967, was filed on December 15, 1967. Along with the return, the assessee filed a declaration in Form No. 12 for the continuation of registration under Section 184 (7) of the I. T. Act, 1961 (hereinafter referred to as "the Act" ). The declaration did not bear any date. By his order dated March 5, 1970, the ITO rejected this application for the continuation of registration on the ground that no registration had been granted to the assessee-firm for the assessment year 1958-59. The ITO also did not agree with the prayer of the assessee that the firm be given one month's time to file an application for registration for the assessment year 1959-60 in accordance with the Circular No. 3/p (XXV)-22 dated July 29, 1964, issued by the CBDT.;