Law: Income Tax Ordinance, 1979

Section:

Income tax--Registration of firm Firm obtaining excise contract in the name of some of the partners Head office of the firm situated in one Province and contract to be worked in another Province Transferability of contract is to be determined according to the law of the Province where contract Is to be worked Registration cannot be denied on the ground that according to the law of the Province where head office is situated, contract is not transferable. 1982 Tax L R 567 (Madh. Pra.) rel. 1982 Tax L R 567: (1981) 21 Cur Tax Rep. 164 (Madh. Pra.) ref. ORDER G. P. SINGH, C.J. This is a reference made by the Income tax Appellate Tribunal referring for our answer the following question of law: "Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in upholding the order of the Appellate Assistant Commissioner, allowing the claim of registration of the assessee following the Appellate Tribunal's order In the case of Messrs Kondra Durgaiya in I. T.A. No. 797 (Nag.)/1977/78, dated 15 9 1975." 2. The facts briefly stated are that excise contracts of four liquor shops were taken in the State of Orissa in the name of two partners oft the assessee firm. The assessee firm derived income from those expensive contracts in the account year relevant to the assessment year 1974 75. The assessee firm applied for registration. The registration was refused by the I. T.O. on the ground that the excise contracts were not transferable having been obtained in the names of two out of four partners of the firm. It was further held that the formation of the partnership in respect of such non transferable licences was in contravention of law. The basis of the decision to refuse registration was the Madya Pradesh Excise Act and the Rules made thereunder. The view taken was that as the head office of the firm…

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