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It was explained before the AO that a firm had no separate legal existence on its own. It was argued that a firm was only a collective or compendious name of the partners. Hence, if income in capacity as individual members scheduled tribe stood exempt, there was no requirement of taxing the income arising in the name of the firm.

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Section 10(26) of the Income Tax Act,1961 — Exemption — Though under the partnership law a firm is not a legal entity but only consists of individual partners for the time being, for tax law, income tax as well as sales tax, it is a legal entity, that being the case, mere fact that the assessee's two partners are already enjoying section 10(26) exemption does not amount to over stretching the very relief to their partnership firm as well — Hotel Centre Point vs. Income tax Officer [2019] 201 TTJ (Gauhati) 913

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