1971 (11) TMI 48

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder dated February 18, 1961, granted registration to the assessee-firm consisting of four partners. Subsequent to the grant of registration the ITO discovered that one of them, though a minor on the date of registration of the instrument of partnership, was treated as a full-fledged partner. He, therefore, thought that the partnership was not valid and issued notice to the assessee to show cause ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in existence, he may cancel the certificate so granted. " It is clear that under r. 6B, the ITO was empowered to cancel the certificate of registration only if he was satisfied that the firm was not a genuine firm in existence. The learned counsel for the Department submitted that a firm which included a full-fledged minor partner was not a firm in the eye of law and, therefore, action could be....