2009 (10) TMI 938

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e JUDGEMENT This appeal by the Revenue is filed being aggrieved by the order passed by the Income Tax Appellate Tribunal, Panaji Bench, Panaji in ITA No. 66/PANJ/2005 wherein the Tribunal has dismissed the appeal filed by the Revenue. The appeal has been admitted for considering the substantial question of law as to whether lease granted for vending liquor in favour of a partner can be us .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... other partners would, as partners, also be dealing in liquor and holding the same. This would be contrary to the basic principle and illegal. Following the said decision, the substantial question of law is answered in favour of the Revenue in this appeal. Accordingly, the order of the Tribunal confirming the order of the Commissioner of Income Tax (Appeals) has to be set aside. 3. Learned .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the respondent-assessee if the tax is deposited within time granted by this Court, to contend the grounds, other than the substantial question of law which has already been answered in favour of the Revenue is this appeal, pertaining to allowance which would be available to the assessee. If the tax is not deposited within the time granted by this Court, the respondent would forfeit his right to ra .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X