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TMI Blog1950 (1) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... Vishwanatha Sastri, J. 1. The question that has been referred to us for our opinion is as follows : Whether the Bench was correct in law In refusing to register the applicants as a firm under Section 26A, Income Tax Act ? Seven persons entered into an agreement for and bad been carrying on, an arrack business for several years. For the assessment year, 1944-45 an instrument of part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t violated Rule 27 of the Rules framed under the Abkari Act. The learned counsel for the assessees argues that the Income Tax Officer would normally be assessing and would be entitled to assess the profits of any business though it happened to be illegal and that while making an enquiry under Section 26A of the Act, all that he has to see is whether a business is being carried on by persons who ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50Mad444 that a partnership entered into for the purpose of conducting a business in arrack or toddy on a licence granted, or to be granted, to only one, or some of the partners, is void ab initio whether the partnership contract was entered into before the licence was granted or afterwards. The reason for this conclusion is stated to be that such a partnership arrangement either involves a transf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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