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2010 (9) TMI 766 - HC - Income TaxReopening - existence of partnership firm - registration of partneship firm u/s 184 / 185 - held that: - The settled law is that no registration can be granted to a firm under section 184(1) of the Income-tax Act, 1961, if the firm has been formed or is continuing in violation of the Excise Rules - the purpose for which sections 184 and 185 of the Income-tax Act were amended by the Finance Act 18 of 1992, is mainly to avoid double taxation once on the firm and again on each of the partners; to do away with the distinction between a registered and an unregistered partnership ; and to, henceforth, tax the partnership firms as aseparate entity - a licence was granted only in favour of an individual and it is only he who is entitled to carry on business in the purchase and sale of intoxicating liquor and, as provided for in rule 39, no partnership firm can carry on such business save with the prior permission of the Commissioner of Prohibition and Excise - Decided in favor of revenue.
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