JUDGMENT :

NARASIMHAM C.J. - These two references u/s 66(1) of the Indian Income Tax Act deal with the same question and are disposed of in one judgment. The question referred to this court by the Income Tax Appellate Tribunal in S.J.C. No. 37 of 1962 is as follow :

"Whether, in the facts and circumstances of the case, the Tribunal was justified in holding that the assessees application for registration u/s 26A of the Income Tax Act for the assessment year 1958-59 was barred by limitation under rule 2(a) of the Income Tax Rules?"

In S.J.C. No. 36 of 1962, the same question has been referred to for the assessment year 1959-60 instead of 1958-59.

The material facts are these : A partnership firm consisting of (1) Bholanath Saha, (2) Bhagirath Saha and (3) Mohanlal Saha was registered as a firm under the Indian Partnership Act on January 28, 1946, bearing No. 3 of 1946. It was also registered u/s 26A of the Indian Income Tax Act in due course and was assessed as a firm for the assessment years 1947-48 to 1957-58. The accounting year for the firm was the dewali year. Hence, for the assessment year 1956-57, the "previous year" ended on November 2, 1956, being the date of dewali of that year