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TMI Blog1966 (3) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court, dated 1-1-1965 and 30-12-1964 respectively and made herein, and the Counter affidavit filed herein and the records relating to the grant of exemption to the petitioner from payment of Excise Duty in respect of Cotton Fabrics as per Government of India Ministry of Finance (Revenue Department) Notification No. 44 of 1962, dated 24-4-1962 and other papers relating thereto on the file of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners in Writ Petition No. 1988 of 1964 are M/s. Sivan Printing and Dyeing Factory, Erode. The partnership was started with four partners on 22-8-1956 and was registered in 1956. On 22-8-1963 one partner left and the three others constituted the partnership firm. They obtained a licence L. 4 No. 24/64 from the Collector of Central Excise for processing handloom fabrics by power. 4. The pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brics cleared in a month for home consumption from any processing factory as defined in rule 96 D of the said rules from so much of the duty as it in excess of the duty leviable under the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 43/62, dated 24th April, 1962 on such fabrics at the time of their entry into that factory. It is not disputed that b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners in the second firm, the proviso would not apply. According to Mr. Mani, learned counsel for the petitioners, a partnership was not intended to be covered by this proviso. On a reading of the proviso, I am unable to accept this contention. Every partner has admittedly a proprietory interest in a partnership and if one of the partners of a firm is also a partner in another firm, he will have pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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