1993 (3) TMI 131

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....n order made under section 185 of the Income-tax Act cancelling the registration granted to the assessee-firm. 2. There was originally a firm constituted on 1-7-1979 with three partners, Ashok Kumar Gangoly, Kuldeep Singh Nanda and Arun Kumar Gangoly, carrying on the business of poultry farming and agriculture in the name of M/s. Arun Kumar Farming Corporation. That firm had been granted regist....

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.... not represent a non-existent person and consequently the firm was not a genuine firm. He was also of the opinion that Kuldeep Singh Nanda could not be a party to the document in the dual capacity, one for himself and again as a promoter of a company. Hence, he directed the ITO by his order dated 11-2-1986 to refuse registration, which was accordingly done on 19-3-1986. On appeal, the CIT(A) accep....

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....y was not at all in existence as it was incorporated only on 10-6-1982 and there was no evidence of Kuldeep Singh Nanda having taken any steps to form the company. It was submitted that in the circumstances the orders of the authorities below should be upheld. 4. We have considered the submissions of both the parties and we have perused the partnership deed. We find that Kuldeep Singh Nanda was....