- (1.) GOBIND Ram Vishan Dass, the assessee, was a partnership firm and was granted registration for the year prior to the assessment year 1977-78, the accounting year being from Dussehra to Dussehra. For the assessment year 1977-78, the accounting year was October 9, 1975, to October 6, 1976. On June 24, 1976, Vasdev, one partner retired. Two separate returns were filed, one from October 9, 1975, to June 24, 1976, and the second from June 25, 1976, to October 6, 1976. The assessee filed an application in Form No. 12 for continuation of registration from October 9, 1975, to June 24, 1976.
(2.) THE assessee's case before the Income-tax Officer and the Appellate Assistant Commissioner was that on the retirement of Vasdev, there was a dissolution of the partnership and during the accounting year there were two firms and thus two returns were filed. The stand of the assessee was also that for the period October 9, 1975, to June 24, 1976, registration could be continued. The Income-tax Officer and the Appellate Assistant Commissioner rejected both the contentions and made one assessment for the entire period on the firm as an unregistered firm.
(3.) ON the assessee's further appeal, the Tribunal followed Addl. CIT v. Abdul Kareem and Co. [1979] 117 ITR 233, a decision of the Madras High Court, and held that a separate assessment up to June 24, 1976, could be framed and registration could be continued up to that date. On these facts, the following question has been referred to this court for opinion : "whether, on the facts and in the circumstances of the case, the Tribunal was right in law in directing the Income-tax Officer to allow continuation of registration to the assessee-firm up to the period from October 9, 1975, to June 24, 1976?";