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Issues:
Challenge to order refusing registration for firm under section 184 of the Income-tax Act, 1961 based on partnership deed and bid in abkari auction. Analysis: The petitioner moved for firm registration under section 184 of the Income-tax Act, claiming an oral partnership existed before bidding in an abkari auction. The Settlement Commission found only seven out of 11 partners contributed to the bid amount, leading to refusal of registration. Petitioner argued all partners contributed, but the Commission found the bid was in petitioner's name alone, making firm registration illegal under rule 6(22) of Kerala Abkari Shops Rules, citing Narayanan and Co. v. CIT [1997] 223 ITR 209 (Ker) [FB]. Legal Provisions: Section 184 of the Income-tax Act outlines conditions for firm registration, requiring an instrument evidencing partnership and specifying individual shares of partners. Registration must be applied before the end of the previous year for the assessment year sought. Any change in firm constitution mandates fresh registration. The judgment emphasizes the importance of sharing capital in a partnership. Interpretation: The judgment highlights the significance of sharing in a partnership, focusing on capital contributions. It notes the absence of contemporaneous documents proving bid representation for the firm. Referring to Narayanan and Co. case, it underscores the illegality of transferring auction rights to a firm under rule 6(22) of Kerala Abkari Shops Rules. Decision: The court dismisses the petition, upholding the Commission's refusal of firm registration. It emphasizes that conveying auction rights to a firm restricts the bidder's exclusive privilege, rendering such transfers void under the Contract Act. The judgment rejects the argument of an existing oral partnership, stressing the lack of evidence linking the bid to the firm. Ultimately, the court finds no grounds to invoke writ jurisdiction, deeming the petition meritless.
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