Court : Gujarat
Decided on : Sep-12-1996
Reported in : 225ITR693(Guj)
..... said partnership deed contained the following clause : 'the partnership business shall not come to an end by death or insolvency of any partner but the ..... not contemplated by provisions of s. 184(4) of the act and whether it was justified in law in confirming the order of refusal of registration to the assessee-firm ?' 2. the assessee is m/s sanjay construction co., a partnership firm registered under the indian partnership act as well as the it act. the first partnership deed had taken place on 19th july, 1975 and the ..... partnership firm shall continue the heir of such partner. if he (heir) so desires shall be taken as ..... read as a whole, it would be clear that under that section, the it authority is entitled to give registration of a partnership firm even after its dissolution. neither s. 184 nor any other section of the it act prevents a partnership deed being executed which would come into force from the date or prior to the date of deed. section 184(4) .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-27-1996
Reported in : (1997)142CTR(Guj)115; 224ITR221(Guj)
..... by him as a result of the extinguishment of his interest in the partnership assets.' 5. in malabar fisheries co. v. cit : 120itr49(sc) , tulzapurkar j., speaking for the court, observed as under : 'a partnership firm under the indian partnership act, 1932, is not a distinct legal entity apart from the partners ..... constituting it and equally in law the firm as such has no separate rights of its own in the partnership assets and when one talks of the film's property ..... clearly stated by this court in cit v. mohanbhai pamabhai  91 itr 393 enunciating the nature of interest of a partner in a partnership-firm and the resultant position arising from realisation of such interest on dissolution of the firm or retirement of the partner allowing the other partners ..... partners and there is no question of any extinguishment of the firm's rights in the partnership assets amounting to a transfer of assets within the meaning of section 2(47) of the income-tax act, 1961. there is no transfer of assets involved even in the sense of any ..... extinguishment of the firm's rights in the partnership assets when distribution takes place upon dissolution.' 6. in addanki narayanappa v. bhaskara .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-18-1996
Reported in : (1997)3GLR2375
..... the partnership document would result in disbelieving of the existence of the partnership itself. it appears that respondent no. 1 entertained an erroneous impression based on section 69 thereof. it would ..... of the first and the third petitions are concerned, the partnership in each case is not believed only on the ground that the deed of partnership was unregistered. i think that conclusion on the part of respondent no. 1 cannot be sustained in law. there is no provision in the indian partnership act, 1932 (the partnership act for brief) to the effect that non-registration of ..... petitions cannot be sustained in law.5. it would be a trite law to say that, if the partnership firm would be entitled to a separate unit under the ceiling act, the share of a partner in the unit given to the partnership firm will have certainly to be included in the individual holding of the partner in view of section 4 ..... bar a suit by the partnership firm with respect to the claims mentioned therein if it is unregistered. the aforesaid .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-15-1996
Reported in : (1997)1GLR67; (1997)ILLJ895Guj
..... and 2 dated november 15, 1984 and june 16, 1983 respectively. the petitioner no. 1 m/s. harshadkumar m. patel is a partnership firm registered under the indian partnership act. petitioner no. 2 is the power of attorney-holder of petitioner no. 1 firm. the petitioner no. 1 firm is carrying on ..... activities of trading in diamond and precious stones in room no. 23, 'modeshwari bhavan' since april 1, 1976. they have also got registration under the bombay shops and establishments act ..... (f) said diamond cutters and polishers were paying income-tax independently and each of them having individual separate registration under the bombay shops and establishments act. (g) diamond cutter and polisher-keshavlal is having his unit in room no. 29 and he had started his business on january 5, 1976 ..... by the respondent in his order dated november 15, 1984. 'these small rooms have been got registered under the local shops and establishments act so as to give a colour of an independent establishment. the workmen work there and do job of cutting and polishing diamonds. there may ..... of sayaji mills ltd. v. regional provident fund commissioner (1985-i-llj-238) (sc) the following principles are laid down. 'provident fund act is a beneficent statute which should be construed so as to advance the object with which it is passed. any construction which would facilitate evasion .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-05-1996
Reported in : (1996)3GLR783
..... of conveyance. the said provision is material for our purpose and requires to be quoted in extenso.32a. (1) if any officer registering under the registration act, 1908, an instrument of conveyance, exchange, gift, partition, partnership or settlement or power of attorney or any person referred to in section 33, before whom such instrument is produced or comes in the performance of ..... rules in the light of various decisions of the supreme court, the full bench held the act to be intra vires and constitutional. the full bench also held that the provisions of the bombay stamp act were not repugnant to or inconsistent with the indian stamp act and the state legislature was competent to enact a law determining basis for valuation. negativing the contention ..... calling upon him to show cause why his services should not be terminated under section 19 of the army act, 1950 read with rule 14 of the army rules, 1954 for misconduct said to ..... the power conferred on the custodian-general under section 27 of the act.(emphasis supplied)60. a converse case came up before the apex court very recently. in major radhakrishan v. union of india and ors. 1996(3) scc 507 the appellant was a permanent commissioned officer of the indian army holding the rank of major. he was served with a notice .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-26-1996
Reported in : 1996(56)ECC12
..... the date of petitioner's application till the date of actual payment. 2. facts succinctly stated leading to the filing of this petition are as under :- the petitioner is a partnership firm engaged in the manufacture of hair oils, perfumes, agarbatties (incense sticks) etc. government of india announced a scheme for the year 1978-79 known as 'cash compensatory support' (hereinafter ..... referred to as the scheme) on the export of certain products manufactured by indian manufacturers.two of the products manufactured by the petitioner, viz., hair oil and incense sticks, were eligible for the benefit of the said scheme. hair oil being not specifically excluded ..... alter appearance of the body or for cleansing, colouring, conditioning or protecting skin, hair, nails, eyes or teeth'. the same dictionary gives the meaning of the expression 'toilet' as 'an act or process of dressing especially formerly of dressing hair and now usually cleansing and grooming of one's person.' 'toiletry', according to the dictionary, is 'an article or preparation used .....Tag this Judgment!