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Judgment Search Results Home > Cases Phrase: indian partnership act Court: andhra pradesh Year: 1974 Page 1 of about 3 results (0.045 seconds)

Feb 15 1974 (HC)

Rajasthan Trading Co. Vs. the Registrar of Firms and anr.

Court : Andhra Pradesh

Decided on : Feb-15-1974

Reported in : AIR1975AP232

..... . the petitioner filed notice of the change in the constitution of the firm as required under section 63(1) of the indian partnership act (hereinafter referred to as the act) in the office of the registrar of firms on 4-9-1972 the required amount towards the notice fee was also paid. but the registrar of firms returned the said ..... the constitution is as to the validity of rule 4 (2) of the andhra pradesh partnership (registration of firms) rules, 1957. 2. the aforesaid question arises in the following circumstances: the petitioner is a partnership firm named m/s rajasthan trading company, osmanganj hyderabad, registered under the indian partnership act, 1932. the firm was registered on 8th october, 1968 subsequently, there were alterations in the ..... be made therein, and the mode in which such entries are to be amended or notes made therein.' sub-rule (2) of rule 4 of andhra pradesh partnership (registration of firms) rules, 1957, framed under section 71 of the act reads:-- 'every statement, intimation or notice relating to a firm, under sections 60, 61, 62, 63(1) or 63(2) of the ..... the submission of notice or intimation under section 63(1). in the circumstances, rule 4 (2) of the andhra pradesh partnership (registration of firms) rules, 1957 is ultra vires of the powers of the state government under section 71(2) of the act. the said rule is, therefore, struck down, and the proceedings of the registrar of firms in f 2/8052 .....

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Jun 26 1974 (HC)

Commissioner of Income-tax Vs. T. Veeraraghavulu Chetty and Sons Co.

Court : Andhra Pradesh

Decided on : Jun-26-1974

Reported in : [1975]100ITR723(AP)

..... . commissioner of income-tax. 27. in excel productions v. commissioner of income-tax, there was a firm of five partners, which was registered under the provisions of the indian partnership act. the constitution of the firm was changed by taking infour minors also as partners. the income-tax officer assessed the income of two periods separately ; but the commissioner of ..... sri anjaneyulu, appearing for the assessee on the other hand, contended that the expressions 'firm', 'partner' and ' partnership ' have been assigned, under section 2(23) of the act, the same meanings as are respectively assigned to them under the indian partnership act. under the indian partnership act, a firm of four partners is not the same as a firm of seven partners. as seen from the ..... the scheme of the assessment of firms and the relevant provisions of the income-tax act, 1961. 14. section 2(23) gives the same meanings to the expressions ' firm ' ' partner ' and ' partnership ' as are respectively assigned to them in the indian partnership act. section 2(31) of the income-tax act, 1961, says that a ' person ' includes a firm also. section 4 of ..... the income-tax act is the charging section. income-tax has to be charged for any assessment year at the .....

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Jan 16 1974 (HC)

Commissioner of Income-tax Vs. T. Veerabhadra Rao, K. Koteswara Rao an ...

Court : Andhra Pradesh

Decided on : Jan-16-1974

Reported in : [1976]102ITR604(AP)

..... be doubted that under section 10(2)(xi) and section 25(4) of the 1922 act, it was well established that where a partnership is dissolved and one partner took over and continued the business of partnership, it is a case of succession to the business. there is in such a case ..... ordinary course of banking or money-lending business. therefore, under this clause, section 36(2)(i), as under the corresponding provision of the 1922 act, an allowance is permissible where the loans advanced in a banking or money-lending business become the circulating capital of the successor.'36. in support ..... with due respect to the author, reached the conclusion that the view expressed in the said commentary is not in accord with the provisions of the new act. 33. the learned author seems to have drawn his inspiration from nopram ramgopal v. commissioner of income-tax : [1951]19itr219(orissa) , wherein it ..... 17. it is true that it has been a common practice in drafting statutes to make general and sometimes inexact reference to other provisions in the same act. but such referential words ordinarily are 'hereinbefore', 'hereafter' and 'hereinbefore provided', etc. such words clutter the statute but not the definite article ' ..... is decided that 'under section 25(4) of the indian income-tax act, 1922, it is the business which was in existence in 1918 and had been assessed to income-tax under the income-tax act, 1918, and not the person, irrespective of the nature of the business he was .....

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