D.S.Tewatia, J.

1. Two persons, Hardit Singh and Pal Chand, had secured liquor licence from the Punjab excise authorities for wholesale vending at Sirhind and for retail vending at Sirhind Mandi, Sirhind City, Jalbehra and Madhaur, After securing the licence and the contract to carry on the aforesaid business the said two partners joined hands with eight other persons, namely, Vinod Singh, Mulkh Raj, Kamal Dev, Hardev Singh, Mehar Singh, Rehman Singh, Ramji Dass, Maharaj Krishan, and formed a partner ship-firm known as M/s. Hardit Singh Pal Chand & Co., Wine Contractors, Sirhind. The firm applied for registration with the income-tax authorities under Sections 184 and 185 of the I.T. Act, 1961 (hereinafter referred to as " the Act "). The ITO denied registration. On appeal, the Tribunal allowed the registration. The CIT sought the following question to be referred to this court, which the Tribunal did :

" Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing registration to the firm ? "

2. As would be clear from the order of the Tribunal on the appeal of the respondent-assessee, it concluded the case against the revenue on the str