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Judgment Search Results Home > Cases Phrase: indian partnership act Court: income tax appellate tribunal itat jabalpur Year: 1983 Page 1 of about 2 results (0.052 seconds)

Aug 04 1983 (TRI)

income-tax Officer Vs. Smt. Chandrakalabai

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Decided on : Aug-04-1983

Reported in : (1983)6ITD166Jab

..... karta of the huf. before a person can be a partner, he is to have a capacity to contract, while sanjay kumar had none. according tosection 30 of the indian partnership act, 1932, a person who is a minor according to the law to which he is subject may not be a partner in a firm. such a minor is not ..... , there shall be included all such income as arises directly or indirectly to a minor child of such individual from the admission of the minor to the benefits of partnership in a firm. if anybody has to be a partner of the firm in his capacity as the karta of the huf, it would be the major member of ..... the huf. he died on 5-12-1965 and his son sanjay kumar, who stepped into the shoes of his deceased father, was admitted to the benefits of the partnership. thereafter, the share income in the hands of the firm was offered for taxation in the hands of the huf, which consisted of sanjay kumar and ajay kumar, minor ..... , husband of the assessee, had expired on 5-12-1965. sanjay kumar, the son of the assessee, was a minor at the time of the relevant assessment. the partnership deed, dated 1-1-1966, showed that sanjay kumar never became a partner of the firm. he was only admitted to the benefits of the ..... partnership and was absolved from the liabilities for any losses. in fact, he being a minor was incompetent to contract and, therefore, could not become a member either in .....

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Sep 01 1983 (TRI)

Ruparel Trading Co. Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Decided on : Sep-01-1983

Reported in : (1984)7ITD35Jab

..... of the case. in this behalf, our attention was drawn to an affidavit of shri maruti kapale in which it has been sworn that the original partnership deed along with photostat copies and necessary forms of application had been given to him before the close of the accounting year by shri dipak ruparel, ..... only on 3-7-1978. when asked to explain the delay, the assessee filed an affidavit sworn by its accountant to show that the original partnership deed along with copies and application form was given to him by one of the partners but he was under the impression that they are to be ..... claim for registration. in the earlier years, the business was being carried on by the assessee as a proprietary concern, but the same was converted into a partnership during this year. the application for registration had, therefore, to be made before the close of the accounting year, i.e., 10-11-1977; the ..... cit [1973] 89 itr 274 (sc) it has been held that before a person can claim the benefit of section 26a of the indian income-tax act, 1922 (the 1922 act), he must strictly comply with the requirement of that section and the relevant rules. even a substantial compliance with the rules was not sufficient. ..... in this behalf, the aac has rightly drawn the distinction between the language of section 3 of the 1922 act and the present section 4 of the indian income-tax act, 1961 (the act). the schemes of the two acts, according to the aac, were different. he, therefore, chose to rely on the decision of the calcutta .....

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