9911796707
TMI Blog1993 (4) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... court under section 256(2) of the Income-tax Act, 1961, for a direction to the Income-tax Appellate Tribunal, Amritsar, to submit the statement of the case and to refer questions of law to this court as under: "(i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in accepting the new arguments of the assessee that the partners whose nam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to appreciate the arguments, only a few facts which are not disputed need to be noticed. In the assessment year 1988-89, Rajwant Singh and Co. applied to the Income-tax Officer for the grant of a certificate of registration of their firm constituted of 14 partners. The Income-tax Officer declined the request on the ground that the Excise and Taxation Department had issued the licence in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d questions to the High Court for decision was declined. Shri R. P. Sawhney, learned counsel appearing on behalf of the Revenue, while referring to the decision of this court in CIT v. Hardit Singh Pal Chand and Co. [1979] 120 ITR 289, argued that registration could not be accorded to the assessee-partnership concern as the excise and taxation authorities had granted licence in favour of 11 perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue had not brought on record that the non-licensee partners had physically possessed or handled the prohibited goods in violation of the Excise Rules. Learned counsel has also referred to the decision of this court in I. T. Case No. 136 of 1982- CIT v. Kedar Nath Surinder Kumar, decided on August 25, 1988, and I. T. Case No. 34-CIT v. Laxmi Dhar Pran Nath, decided on August 25, 1988. In those c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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