1. The Income Tax Appellate Tribunal, Cochin Bench has referred the following questions for the opinion of this Court under S.256 (1) of the Income Tax Act:

(1) Whether, on the facts and in the circumstances of the case, the declaration in Form No. 12 filed by the assessee on 21-1-1975 praying for continuation of registration for the assessment year 1975-76 could not be considered as valid for the reason that it was filed before the end of the relevant accounting year?

(2) If the above question is answered in the affirmative, whether, on the facts and in the circumstances of the case it could be said that there was a defect in such declaration filed by the assessee and that the Incometax Officer should have given it an opportunity to rectify the same under S.185 (3) of the Income tax Act, 1961?

2. The assessee is a firm constituted during the accounting year ending on 31-3-1974, and was granted registration for the assessment year 1974-75, the first year of assessment of the firm. The assessee on 21-1-1975 filed a declaration in Form 12 praying for the continuation of registration for the assessment year 1975-76. The declaration was defective in that it was filed before t