Court : Rajasthan
Reported in : 224ITR244(Raj)
..... subsequent thereto, be made - (a) where the firm is not registered under the indian partnership act, 1932 (ix of 1932), or where the deed of partnership is not registered under the indian registration act, 1908 (xvi of 1908), and the application for registration is being made for the first time under the act, (i) within a period of six months of the constitution of the firm or before the ..... in that previous year, (ii) before the end of the previous year in any other caseaa (b) where the firm is registered under the indian partnership act, 1932 (ix of 1932), or where the deed of partnership is registered under the indian registration act, 1908 (xvi of 1908), before the end of the previous year of the firm, and (c) where the application is for renewal of ..... he held the view that the guardian of the heirs of the deceased partner constituted the third partner in the firm and, therefore, the provisions of section 37 of the indian partnership act, 1932, did not apply to the case.10. having lost its case before the income-tax officer and the appellate assistant commissioner for both the years, the assessee-firm approached ..... tribunal, this position continued right up to the assessment year 1959-60. it was on january 1, 1959, that the instrument of partnership which is in question, was executed between shri abdul razaq and hamid hussain, i.e., the remaining two partners. in the preamble of this partnership deed, it was mentioned that it had been decided and agreed upon between the two continuing .....Tag this Judgment!
Court : Rajasthan
Reported in : (1996)133CTR(Raj)284
..... assessment subsequent thereto, be made) -(a) where the firm is not registered under the indian partnership act, 1932 (ix of 1932) or where the deed of partnership is not registered under the indian registration act, 1908 (xvi of 1908) and the application for registration is being made for the first time under the act,(i) within a period of six months of the constitution of the firm or before the ..... in that previous year,(ii) before the end of the previous year in any other case;(b) where the firm is registered under the indian partnership act, 1932 (ix of 1932) or where the deed of partnership is registered under the indian registration act, 1908 (xvi of 1908) before the end of the previous year of the firm, and(c) where the application is for renewal of registration ..... 31st dec., 1958 no profits were attributable to the use of his share in the properties of the firm so as to attract the provisions of s. 37 of the indian partnership act, 1932 to the facts of the present case. the ito, therefore, held that neither the application was signed by all the partners nor were the profits and losses distributed amongst the ..... , this position continued right upto asst. yr. 1959-60. it was on 1st jan., 1959 that the instrument of partnership which is in question, was executed between shri abdul razaq and hamid hussain, i.e., the remaining two partners. in the preamble of this partnership deed it was mentioned that it had been decided and agreed upon between the two continuing living partners to .....Tag this Judgment!
Court : Andhra Pradesh
..... for carrying on any activity whatsoever on the demised plot, then notwithstanding anything in the indian partnership act, 1932, it shall also be deemed to be a violation of the conditions of the lease. (2) lessees of plots whose leases shall not be cancelled under clause (b) of sub-section (1) shall be entitled to a grant of fresh lease with effect from the appointed ..... 1992 was amended. it came into force from 17.02.2000 when it was published in the gazette.41. section 2 of act 1 of 2000 amended the preamble to act 15 of 1992 and substituted for the last paragraph of its preamble the following : "2. ... ... ... and whereas it is necessary to give effect to the directive principles of state policy as contained in clauses ..... ground of violation of art.14 of constitution of india and even if it did, such a challenge is impermissible in view of art.31-c as preamble to act 15 of 1992 (as amended by act 1 of 2000) states that it is intended to give effect to the directive principles of state policy as contained in clauses (b) and (c) of art ..... of leases) (amendment) act 2000 (for short, 'act 1 of 2000') amending act 15 of 1992. it amended the preamble to the 1992 act and also directed substitution of sections 3 and 4 of 1992 act as under : "3. for sections 3 and 4 of the principal act, the following shall be substituted, namely: - "termination of leases:3. (1)(a) notwithstanding anything contained in the indian contract act, 1872, the transfer .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(1)ALLMR400; 2006(1)BomCR909
..... on any account or gratuity. section 3(2) is relevant. we may reproduce the same.3(2). every person excluding firms whether registered under the indian partnership act, 1932, or not and hindu undivided family engaged actively or otherwise in any profession, trade callings or employment and falling under one of the other of ..... , callings and employment. presently the amount cannot be more than rs. 2,500/- per annum. pursuant to this power, the act has been enacted in 1975 and its preamble states that it is being enacted for the benefit of the state for raising additional resources needed for implementing the employment guarantee scheme ..... accepted is clearly without the authority of law. the reminder of the amount has been deducted by respondent no. 4 and received by respondent no. 1 without the authority of law.10. on behalf of the respondent no. 4 their learned counsel points out that the entire amount deducted has been ..... otherwise in any profession, trade callings or employment and falling under one or the other of the classes mentioned in the second column of schedule 1 shall be liable to pay to the state government the tax at the rate mentioned in the third column of the schedule. a careful reading, ..... the classes mentioned in the second column of schedule 1 shall be liable to pay to the state government the tax at the rate mentioned against the class of such persons in the third column .....Tag this Judgment!
Court : Delhi
..... received. 16. though section 2(8) of insurance act while defining an "insurance company", defines the same as a company, association or partnership which may be wound up under the companies act, 1956 or to which the indian partnership act, 1932 applies, implying thereby reference to indian companies / firms only and section 2(7a) while defining "indian insurance company" includes within its ambit insurance companies in ..... it is to be thus seen on an analysis of the provisions of the insurance act and the irda act, whether any intention of the legislature to apply insurance laws extra territorially can be found. 14. the preamble to the insurance act describes the same as an act to consolidate and amend the law relating to the business of insurance as distinct from ..... respondents also do not controvert that without the foreign insurance companies being registered, the appellant cannot be registered as their agent. 10. the counsel for the respondent no.1 irda has with reference to the various clauses of the agreements entered into by the appellant with the foreign insurance companies contended that the same are in fact of appointment ..... the business of insurance in india, though the applicability of the act under section 1 (2) is pan india. section 2c and section 3 of the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (2002)75TTJ(Pune.)675
..... this regard on the basis o mere agreement to purchase the property in joint names. reference can b made to the provisions of section 6 of indian partnership act, 1932 which are set out as under : in determining whether a group of persons is or is not a firm, or whether a person is ..... executed admitting two sons of shri c.v. shah as partners. thereafter, the assessee and her daughter retired from the said partnership by executing a deed of retirement dated 25-1-1994 (appearing on page 158 of the paper book). on retirement, each of them received a sum of rs. 62.50 ..... 8-1988." the perusal of the above clause, nowhere shows that assessee became the partner with shri shah. it is also interesting to note that the preamble of the agreement as well as clause 2 described the assessee as well as her children viz., miss gauree v. bhat, miss supriya a. bhat ..... order, it has been held that arrangement between the parties, by execution of the agreement dated 20-11-1993, partnership deeds dated 15-12-1999 and 19-1-1994, and retirement deed, dated 25-1-1994 was within legal framework and, therefore, the commissioner (appeals) was not justified in holding that such arrangement ..... (appeals) refused to look into the evidence on the ground that it was fresh evidence and without giving any further opportunity enhanced the income by rs. 1,00,000.shri inamdar, the learned counsel for the assessee, submitted that surprisingly when the commissioner (appeals) issued notice of enhancement, the assessee produced the .....Tag this Judgment!
Court : Mumbai
Reported in : 47ITR383(Bom)
..... would be shared only by the adult partners. there being these two factors and there being no express term in any of the deeds contravening the provisions of section 30 of the partnership act, ..... minor is to share in the profits of the firm. in other words, the minor has been admitted to the benefits of the partnership. it is true that in the preamble the minor has been mentioned as a partner of the firm. but mere description in the deed would not make the minor a ..... of partnership is not conclusive in the matter of construction of the deed. the preamble itself has made its clear that some of the partners are minors. the deed further provides that the losses ..... firm. it is his contention that there is not clause in both these deeds which has expressly contravened section 30 of the partnership act in any of the aforesaid manner. the preamble to these deeds no doubts describes the minors as partner in the firm. but a description of a party in the instrument ..... (1) of section 66 of the indian income-tax act and the question referred to us is in the following terms : 'whether, on the facts and circumstances of the case, the assessee firm was rightly registration under section 26a of the act of the assessment years 1955-56 and 1956-57 ?' 2. the assessee is partnership firm .....Tag this Judgment!
Court : Kolkata
Reported in : 71ITR513(Cal)
..... . - this reference, under section 66(1) of the indian income-tax act, 1922, has been made in the circumstances hereinafter related.the year of assessment, with which we are concerned, is 1958-59, the corresponding accounting year being the calendar year ending with december 31, 1957.the assessee is a firm of 11 partners, constituted by a deed of partnership, dated may 14, 1956 ..... in equal shares by the major partners of the 1st and 3rd part. but apart from this privilege the minors have been treated as fullfledged partners in the deed. the preamble to the deed mentions the names of all the eleven parties and then recites that the said eleven parties hereto agree between themselves to become partners and to carry on ..... that the parties, including the minors, agreed between themselves to become partners and to carry on the business of partnership. this ground, in our opinion, should not be over-emphasised, because in the deed of partnership in shah jethaji phulchand case the preamble recited :'3. whereas the above 5 parties have agreed to do business of cotton and kapas, purchases and sales and ..... areas under the name and style jethaji phulchand.'the 'five' mentioned in the preamble included the minors. in spite of this preamble the supreme court was pleased to hold that the partnership deserved registration.the next ground relied on by the tribunal was that by clause 4 of the deed of partnership all the partners were required to contribute capital. this ground, in our .....Tag this Judgment!
Court : Allahabad
Reported in : (2005)194CTR(All)347
..... for the loss to the extent to his share according to section 30 of the indian partnership act.'in the preamble to the partnership deed it is mentioned that lakhan lal, the minor son of sri badri prasad, shall continue to get the benefits of partnership according to section 30 of the indian partnership act. learned counsel for the department has placed reliance upon the following cases in support ..... the present case the minor has also been made liable to share the losses to the extent of his share, according to section 30 of the indian partnership act, the firm is not entitled for grant of registration.(1) cit v. oriental t. maritime : 227itr244(ap) (2) addl. cit v. uttam kumar pramod kumar : 115itr796(all) ;(3) cit v. dwarkadas khetan and ..... sub-section in our opinion, has nothing to do with sub-section (1) of section 30 of the indian partnership act, which provides that a minor can be admitted to the benefits of partnership. section 2(a) of the partnership act defines an 'act of a firm' means any act or omission by all the partners, or by any partner or agent of the firm, which gives rise to ..... will not include sharing of losses by a partner or minor.the appellate commissioner while allowing the appeal lost sight of the fact that sub-sections (1) and (3) of section 30 of the indian partnership act operates in different fields.in view of the above discussions, we are of the opinion that the order of the tribunal granting registration to the assessee-firm .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1986)19ITD494(Hyd.)
..... also observed that as per the return filed by the assessee, the share of loss has been allocated to shri thanikachalam along with others which was not permissible under the indian partnership act, 1932. it was further made out by the commissioner that though the income computed by the ito in his assessment order dated 22-6-1983 was nil, still the granting of ..... the basis of which registration was granted.17. now, we turn to the partnership deed on the basis of which registra was initially granted which was subsequently cancelled by the commissioner under section 263. in the preamble, partner no. 9 is described as follows : r. thanikachalam, resident of vizianagaram, hereinafter called the ninth partner representing as father and natural guardian dhanasekharan, minor ..... of the firm in the later years, which was subsequently rectified, it is pertinent to point out that thanikachalam had offered these incomes in his assessment in t-1722/nrd i (i) (pages 63 to 67 of the assessee's paper book). in our view, clerical errors cannot affect the genuineness of the firm as has been held in addl. cit v ..... us. shri thanikachalam has not signed on behalf of his minor son but has only indicated his desire to represent him in the preamble. in our view, there is force in the contention that shri thanikachalam has signed the partnership deed in question and the application in form no. 11 as a partner without the qualification as guardian and again given himself .....Tag this Judgment!