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1971 (11) TMI 48

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..... bsequent to the grant of registration the ITO discovered that one of them, though a minor on the date of registration of the instrument of partnership, was treated as a full-fledged partner. He, therefore, thought that the partnership was not valid and issued notice to the assessee to show cause why the registration should not be cancelled under r. 6B of the Indian I.T. Rules, 1922. After the asse .....

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..... powered to cancel the certificate of registration only if he was satisfied that the firm was not a genuine firm in existence. The learned counsel for the Department submitted that a firm which included a full-fledged minor partner was not a firm in the eye of law and, therefore, action could be taken under r. 6B. We are not prepared to agree with the submission of the learned counsel. The use of t .....

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