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1987 Supreme(AP) 682

A.RAGHUVIR, Y.V.ANJANEYULU
Commissioner of Income Tax – Appellant
Versus
Indian Medicine (Sales House) – Respondent


Y. V. ANJANEYULU, J.

( 1 ) THIS reference arises under the Income-tax Act, 1961 ("the Act" for short ). The Income-tax Appellate Tribunal referred the following question of law for the consideration of this court under section 256 (1) of the Act. "whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the appeal filed before it by the firm of M/s. Indian Medicine (Sales House), Vijayawada, for the assessment year 1975-76 was a composite appeal both against the assessment as such and also against the order of registration under section 185 of the Income-tax Act, 1961, and both the question of validity of assessment made on the assessee-firm and the question of refusal of registration could be decided buy it in this appeal ?"

( 2 ) THE matter relates to the income-tax assessment year 1975-76. The assessee is a partnership firm carrying on business in the purchase and sale of pharmaceuticals. It was constituted by a deed of partnership dated 7/04/1970. Up to and including the income-tax assessment year 1974-75, the partnership firm was registered. For the income-tax assessment year 1975-76, the firm filed a return accompani





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