(1) THE Revenue is in appeal against the order of a Division Bench of the High Court of Himachal Pradesh. Thereby, the High Court answered against the Revenue the following question:

"WHETHER in the facts and circumstances of the case, the Appellate Tribunal was right in law in ordering that the claim of the assessee firm for registration under Section 185 of the Income Tax Act, 1961 be accepted."

It did so relying upon an earlier judgment.

(2) THE question arose out of an order made by the Income Tax Appellate Tribunal which had held that the registration of the partnership in question under the Income Tax Act had not been rightly refused.

(3) THE partnership (the assessee) dealt in liquor. Only some of the partners held the liquor licence.

(4) OUR attention was drawn by the learned Solicitor General, appearing for the Revenue, to the judgment of this Court in Bihari Lal Jaiswal v. CIT. It was held that a licensee could not be

"PERMITTED to bring in strangers into the business, which would mean that instead of the licensee carrying on the business, it would be carried on by others a situation not conducive to effective implementation of the exci