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TMI Blog1971 (10) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... nion : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the firm was entitled to registration under section 185 of the Income-tax Act, 1961 ? " A firm known and styled as Messrs. Gian Chand & Co., having five partners, obtained a licence in their separate names from the Fisheries Department of the Punjab Government for fishing in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also proceeded on another basis, namely, that the registration of the firm was illegal, in view of rules 7(1), 7(8), 7(9) and 7(10) of the Punjab Fisheries Rules. This view the took on the basis of the decisions in Commissioner of Income-tax v. Benarsi Das & Co., Mohapatra Bhandar v. Commissioner of income-tax and Jey & Co. v. Commissioner of Income-tax. The assessee then preferred an appeal to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of fish is concerned. The only right under the licence was to take out fish from the public waters. In this view of the matter, the Tribunal allowed the appeal and directed that the firm be registered. At the instance of the department the Tribunal has referred the question of law already referred to, for the opinion of this court. Mr. Awasthy, learned counsel for the department, rightly did no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jer & Co.'s case is the decision which was reversed by the Supreme Court in Jer & Co.'s case. The precise reasoning of their Lordships may be set out for facility of reference, which is in the following terms : " The licence does not prohibit the holder from entering into partnership by the holder of the licence : it merely provides that the licence shall not be sub-let or transferred. Since the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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