Judgment

GROVER, J.:- This is an appeal from a judgment of the Andhra Pradesh High Court arising out of a reference made under Section 66 (1) of the Income-tax Act, 1922, hereinafter called the Act of the question whether on the facts and in the circumstances of the case the application under Section 26-A of the Act was filed out of time.

2. The facts are not in dispute. The assessee firm was constituted under a creed of partnership dated October 6, 1955. It was to come into existence with effect from November 5, 1954. The assessee filed an application under Section 26-A of the Act for registration of the firm for the assessment year 1956-57. The previous year of the firm was shown as the year ending October 26, l955. This application was received by the Income-tax Officer on October 14, 1955. On October 20, 1955 the assessee filed before the Registrar of Firms a statement under Section 58 of the Indian Partnership Act, 1932. On November 2, 1955 the Registrar of Firms filed the statement of the assessee and made entries in the register of firms. On March 23, 1961 the income tax Officer passed an order refusing to register the firm under Section 26-4 inter alia for the reason that