1993 (4) TMI 18

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..... BAHRI J.-The Revenue has moved this court under section 256(2) of the Income-tax Act, 1961, for a direction to the Income-tax Appellate Tribunal, Amritsar, to submit the statement of the case and to refer questions of law to this court as under: "(i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in accepting the new arguments of ....

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....Chand and Co. [1979] 120 ITR 289?" In order to appreciate the arguments, only a few facts which are not disputed need to be noticed. In the assessment year 1988-89, Rajwant Singh and Co. applied to the Income-tax Officer for the grant of a certificate of registration of their firm constituted of 14 partners. The Income-tax Officer declined the request on the ground that the Excise and Taxation ....

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....half of the Revenue for referring the aforesaid questions to the High Court for decision was declined. Shri R. P. Sawhney, learned counsel appearing on behalf of the Revenue, while referring to the decision of this court in CIT v. Hardit Singh Pal Chand and Co. [1979] 120 ITR 289, argued that registration could not be accorded to the assessee-partnership concern as the excise and taxation autho....

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.... assessee was entitled to registration as the Revenue had not brought on record that the non-licensee partners had physically possessed or handled the prohibited goods in violation of the Excise Rules. Learned counsel has also referred to the decision of this court in I. T. Case No. 136 of 1982- CIT v. Kedar Nath Surinder Kumar, decided on August 25, 1988, and I. T. Case No. 34-CIT v. Laxmi Dhar P....