| Citation(s) |
|---|
| 2002 SLG 2655 2002 SLD 2655 (2002) 256 ITR 177 |
Supreme Court of India
S.N. PHUKAN AND SHIVARAJ V. PATIL, JJ.
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S.N. PHUKAN AND SHIVARAJ V. PATIL, JJ.
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Commissioner of IncomE tax
v.
Friends & Co.*
Law:
Section:
Section 184 of the Income-tax Act, 1961 - Firm - Registration of - High Court, on reference, held that Tribunal was justified in cancelling order passed under section 186(1) and that registration was to be allowed to firm constituted in violation of Arms Act and rules made thereunder - Whether, following decision of Supreme Court in Moti Lal Chunnilal (Tak)'s case (infra), order of High Court under appeal had to be set aside - Held, yes FACTS The Tribunal cancelled the order passed under section 186(1) and held that registration under the Act could be granted to the assessee-firm even though it was constituted in violation of the Arms Act and the rules made thereunder. On reference, the High Court answered the two questions in favour of the assessee. On appeal by special leave : HELD The questions stood concluded by the decision in Moti Lal Chunnilal (Tak) v. CIT[1998] 234 ITR 472 (SC). Following the said decision, the revenue's appeal was to be allowed and the order under appeal was to be set aside. Decision of the Jammu & Kashmir High Court set aside. CASE REVIEW Moti Lal Chunnilal (Tak) v. CIT [1998] 234 ITR 472 (SC)followed & relied upon.…
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