1992 (1) TMI 87

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..... petitioner on April 14, 1988, stating that one Muthuswamy who is a partner of the firm is acting in a dual capacity, one as an individual and the other as representative of the Hindu undivided family which he represents. Inasmuch as partnership is a contract, there cannot be a contract with himself and therefore, the principle of consensus ad idem is affected and lie was of the opinion that no gen .....

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..... partnership invalid. If the Incometax Officer grants registration to such a firm which in fact is constituted by five persons only though there are eight partners, as three persons entered into the agreement in dual capacities, he is not going beyond the terms of the document, as he will be granting registration to a firm of eight partners which in fact it is. " In view of this categorical state .....

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