1988 (8) TMI 71

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., ACTG. C. J.-By this reference under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following questions of law to this court for its opinion : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in upholding the cancellation of registration granted t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for the assessment years in question was obtained by one Prithviraj, one of the partners of the assessee, in his own name. The Income-tax Officer held that rule 6 of the Madhya Pradesh Excise Rules prohibited a licensee from entering into a partnership with others. The Income-tax Officer, therefore, cancelled the registration of the assessee-firm for the assessment years 1975-76, 1976-77, 1977-78 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arnarayan [1975] 100 ITR 213 and Narsaiya and Co. v. CIT [1983] 143 ITR 304. In CIT v. Pagoda Hotel and Restaurant [1974] 93 ITR 271, a Division Bench of this court has held that in view of the provisions of rule VI of the C. P. Excise Rules relating to conditions of licences, partnership in liquor shops was illegal and the partnership firm could not be registered under the Income-tax Act. Followi....