LAWS(RAJ)-1985-5-15

COMMISSIONER OF INCOME TAX Vs. MOTILAL CHUNNILAL

Decided On May 06, 1985
COMMISSIONER OF INCOME TAX Appellant
V/S
MOTILAL CHUNNILAL Respondents

JUDGEMENT

(1.) THIS is a reference by the Tribunal, Jaipur Bench, Jaipur by which the following questions of law were referred to this Court for its opinion :

(2.) THE Government of Rajasthan granted a licence for the retail sale of country liquor during the year 1966-67 at Bhilwara, including the shops situated at Bhupalganj, Gulmandi, and Dhanmandi in the joint names of Motilal, Chunnilal and Bhanwarlal son of Motilal. It appears that with a view to carry on the aforesaid business of retail sale of country liquor, the aforesaid licensees entered into a partnership with five other persons and constituted the firm Motilal chunnilal, Bhilwara consisting of the following eight partners :

(3.) THE law on the point has been summed up in Halsbury's Laws of England, III Edition, Vol. VIII, paragraph 245 at page 141, as follows :