Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Nov-30-1983
Reported in : (1984)7ITD435(Ahd.)
..... of the present partnership deed would have made that possible. his view is that the fact that actually there was no loss during the year, was not relevant for deciding the ..... , a minor, shri gopalbhai shah, attained majority on 9-8-1978 and a new partnership deed was executed on 14-8-1978 admitting the said shri gopalbhai to partnership. this partnership was given effect from 12-11-1977. the commissioner took the view that a valid partnership deed under the indian partnership act, 1932, could not be said to have been in existence from 12-11-1977 ..... legally entered into a partnership or agreed to share losses. he has further stated that in the present case, had the firm incurred any loss during the accounting year, the proportionate loss up to 8-8-1978, on which shri gopalbhai became a major, could not have been allocated to him under section 30(7) of the indian partnership act whereas a strict application ..... onwards and, hence, no registration could have been granted. he has relied upon the decision of the supreme court in the case of r.c.mitter & sons v. cit  36 itr 194 which, according to him, covers the cases where a partnership had been .....Tag this Judgment!