Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
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The article examines the statutory limits on cancellation of partnership registration, concluding that the Deputy Commissioner lacked power to review or cancel a registration and that administrative supervision does not transfer the Registrar's statutory functions; therefore the impugned cancellation was unauthorized. It explains that Section 64 permits only rectification of register entries to conform with filed documents and is not a tool for adjudicating rival claims or cancelling registration, and that Section 21 of the General Clauses Act cannot be invoked to supply a cancellation power absent express provision. It also holds a resignation is operative only when tendered and accepted and that no fraud was proved to vitiate registration, leading to restoration of the registration certificate.
The article examines the statutory limits on cancellation of partnership registration, concluding that the Deputy Commissioner lacked power to review or cancel a registration and that administrative supervision does not transfer the Registrar's statutory functions; therefore the impugned cancellation was unauthorized. It explains that Section 64 permits only rectification of register entries to conform with filed documents and is not a tool for adjudicating rival claims or cancelling registration, and that Section 21 of the General Clauses Act cannot be invoked to supply a cancellation power absent express provision. It also holds a resignation is operative only when tendered and accepted and that no fraud was proved to vitiate registration, leading to restoration of the registration certificate.
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