2000 (8) TMI 11

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....t of Himachal Pradesh. Thereby, the High Court answered against the Revenue the following question: "Whether, in the facts and circumstances of the case, the Appellate Tribunal was right in law in ordering that the claim of the assessee-firm for registration under section 185 of the Income-tax Act, 1961, be accepted?" It did so relying upon an earlier judgment. The question arose out of a....

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....ubletting of the licence is uniformly prohibited by several State excise enactments. It, therefore, follows that any agreement whereunder the licence is transferred, sublet or a partnership is entered into with respect to the privilege/business under the said licence, contrary to the prohibition contained in the relevant excise enactment, is an agreement prohibited by law." Accordingly, it was hel....

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....d illegal. Learned counsel for the assessee relied upon a judgment of this court in Addl. CIT v. Degaon Ganga Reddy G. Ramakrishna and Co. [1995] 214 ITR 650; [1995] Suppl. 2 SCC 146. It dealt with the A. P. (Telangana Area) Abkari Act, which contained a prohibition similar to that stated above. This court held: "In view of the clear findings of fact recorded by the Tribunal, there can be no....