Court : Delhi
Decided on : Nov-27-1979
Reported in : 132ITR554(Delhi)
..... a further appeal to the tribunal. the tribunal accepted the assessed's claim to a very limited extent. the tribunal referred to section 37 of the indian partnership act. it found that for the period of two years ending on december 31, 1960, one-third share of sham nath by way of profits in the ..... reference made by the tribunal as well as by counsel for the assessed before us, section 37 of the indian partnership act has no application to the facts of this case.11. the result of the above position is that the partnership came to an end on january 14, 1959. thereafter, the retiring partner was entited to a settlement of ..... to sham nath included, inter alia, some compensation to him by way of interest as well as payment for the use of the assets (which belonged to the partnership in which he had also had an interest) for carrying on the business thereafter. in these circumstances, we think, the tribunal's conclusion that a part of the ..... and the retiring partner shall be deemed to have ceased as a partner although some matters might remain unsettled during that period. under clause (4) of the partnership deed the cash required for running the business was to be contributed by each partner according to his own share and if any partner advanced more than his share ..... ranganathan j.1. this is a reference under section 66(2) of indian i.t. act, 1922, which arose out of the assessment of shambhu nath, proprietor of delhi printing works, for the assessment year 1961-62 for which the previous year .....Tag this Judgment!
Court : Kerala
Decided on : May-24-1979
Reported in : 120ITR644(Ker)
..... state that all contracts between a person a, and a and others would be invalid. reference may be made in this connection to the provisions of section 46 of the indian partnership act, 1932, where a partner may enforce as against the firm of which he is a partner certain contractual rights by means of a suit (without dissolution), whereas others can only ..... shri k.s. krishnadas as their representative to carry on the business of partnership by their power-of-attorney. shri k. s. krishnadas joined the document of ..... three sons as representatives of his estate, who were to carry on the partnership in his place along with the other partners in the original deed. this was quite permissible and quite consistent with the provisions of clause 13 of the partnership deed as well as section 37 of the indian partnership act. in accordance with the devolution of interest, the three heirs had constituted ..... that the surviving or continuing partners could carry on the business of the firm with the estate of the deceased partner, so that section 37 of the partnership act would have been attracted if this fresh partnership had not been executed, and that the position was directly covered by the decision of the bombay high court in cit v. raghavji anandji and co .....Tag this Judgment!
Court : Chennai
Decided on : Feb-13-1979
Reported in : (1980)14CTR(Mad)231; 122ITR812(Mad)
..... , though not in the manner contemplated by section 32 of the indian partnership act. even if there is no dissolution, in the case of retirement also the gujarat high court has taken the view, following the decision of the supreme court in cit v ..... actually filed a suit for dissolution. he did not give any notice for retirement. there was no agreement for his retirement. none of the clauses of section 32 of the indian partnership act would apply here. it would thus be a curious case of there being neither dissolution nor retirement. 13. there was actually retirement of the partner, chellappa chettiar, under the decree ..... the case of dissolution, there should have been a preliminary decree and then a final decree as contemplated by the code of civil procedure read with section 44 of the indian partnership act. there could be no partial dissolution ; either the firm is dissolved or it is not. we shall thus proceed on the basis that there was no dissolution. 12. this cannot ..... be strictly called a case of retirement of a partner. under section 32 of the indian partnership act, a partner may retire with the consent of all the other partners or in accordance with an express agreement by the partners, or where the .....Tag this Judgment!
Court : Kerala
Decided on : Jun-26-1979
Reported in : 120ITR670(Ker)
..... supported not only by the relative provisions of the income-tax act, but is in accord with the basic principles of the partnership law.'3. in the light of this principle the full bench examined the principles of partnership set out in lindley on partnership. the legal position of a firm under the indian partnership act flows from the concept of a firm not being a person ..... in the eye of the law. it was pointed out that a partner in a partnership could not be an employee of the partnership and that this has been recognised in ..... 3 of the partnership act and the statement of principle in lindley on partnership, and again, on examination of the provisions of the indian law of partnership. in the light of the above, the conclusion was stated thus (p. 299) :' the necessary inference from the premise that ..... of the business must be regarded as portion of the profits being made over as a reward for the human capital brought in. section 13 of the partnership act brings into focus this basis of partnership business.'5. at pages 297 & 298 the court examined the position that a firm is not a person in law. this was stressed with reference to section .....Tag this Judgment!
Court : Chennai
Decided on : Jul-03-1979
Reported in : 133ITR895(Mad)
..... of individuals do, by agreement, carry on business as a firm.16. under section 2(23) of the i.t. act, the expressions ' firm ', ' partner ' and 'partnership' have the meanings respectively assigned to them in the indian partnership act. section 4 of the partnership act defines ' partnership ' as the relation between persons who have agreed to share the profits of a business carried on by all or any ..... of them acting for all. while as a result of section 2(23) of the i.t. act, the concept of the partnership act has been imported into the i.t ..... assessable under the head ' property ' or under the head 'business' was not relevant, but that the running of a lodging house was certainly a business activity so far as the partnership act was concerned.15. mr. jayaraman, learned counsel for the revenue, submitted that in view of the finding of the tribunal that the income from the buildings was assessable under the ..... . act, there is no provision in the partnership act which imports into it the concept of income-tax law. therefore, because of the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-31-1979
Reported in : [1981(42)FLR116]; (1980)IILLJ255Bom; 1980MhLJ339
..... an interesting question of law has been raised by the appellant. 2. m/s. gateway auto services is a firm registered under the indian partnership act having its office at apollo pier road, bombay-1. the said firm is hereinafter referred to as the appellant. the appellant supplies petroleum ..... as the petrol pump are fully covered within the definition of manufacturing process given as in the indian factories act, 1948 and, therefore, the appellant is a factory and covered by the provisions of the act. the corporation also denied that the total number of employees working at the establishment of the ..... high court was as to whether the process carried on in the premises constituted manufacturing process within the meaning of s. 2(k) of the act, while interpreting the word, 'adapting' the andhra pradesh high court relied upon the dictionary meaning of the word 'adapting' given in the oxford ..... that in the lubrication service department only 14 employees are working. having regard to this number it cannot be said that the provisions of the act are applicable. so far as the office and fore court room is concerned, 25 parsons are employed but they are not concerned with the ..... chowpaty, bombay. it is also no more in dispute that the appellant-establishment is also registered under the provisions of the bombay shops and establishments act, 1948. 3. the officer of the employees' state insurance corporation visited the establishment of the appellant and found that the total number of employees .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-19-1979
Reported in : AIR1980SC176; (1979)12CTR(SC)415; 120ITR49(SC); (1979)4SCC766; 1SCR696
..... its business. it is true' that the indian partnership act goes further than the english partnership act, 1890, in recognising that a firm may possess a personality distinct from the persons constituting it; the law in india in that respect being more in accordance ..... (a) and sub-clauses (i), (ii) and (iii) of clause (b) of section 48.18. having regard to the above discussion, it seems to us clear that 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 the own in ..... works co. ltd. the privy council in para 10 of the judgment observed thus:before the board it was argued that under the indian partnership act, 1932, a firm is recognised as an entity apart from the persons constituting it, and that the entity continues so long as the firm exists and continues to carry on ..... bankruptcy passes to his trustee.the position as regards the nature of a firm and its property in indian law under the indian partnership act, ' 1932 is almost the same as in english law. here also a partnership firm is not a distinct legal entity and the partnership property in law belongs to all the partners constituting the firm. in bhagwanji morarji goculdas v. alembic chemical .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-24-1979
Reported in : 125ITR470(Cal)
..... on the 19th april, 1965, and the said deed was executed on the 7th may, 1965, and is good evidence of the contemporaneous intention of the partners.27. under the indian partnership act, on the dissolution of a firm, the partners or their representatives have a right to have the surplus in the dissolved firm, if any, determined and obtained their respective shares ..... be the contingency, a firm will not stand dissolved under section 42 of the indian partnership act. the remaining partners or some of them may carry on the business of the firm by themselves or along with other persons inducted as new partners. this will be a ..... the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights.' 15. from the aforementioned sections of the indian partnership act, clear indications are found as to the circumstances under which a firm is reconstituted and also when a firm stands dissolved. if there be a contract to the contrary, whatever ..... a firm. the concept of dissolution, therefore, has to be understood in the context of general law as also of the indian partnership act.20. we do not find any conflict between the provisions of the i.t. act and those in the indian partnership act in construing the nature, scope, effectand incidents of dissolution of a firm for the purpose of assessment of a firm to .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-12-1979
Reported in : 1980MPLJ379
..... accordance with their shares in profits during the minority of narayan prasad. but after narayan prasad became a major and consequently a partner in accordance with section 30 of the indian partnership act, the note that narayan prasad was entitled to share profits only ceased to be operative and all the partners including narayan prasad became liable to share losses in accordance with ..... the shares specified in clause (2). in ouropinion, therefore, clauses (2) and (3) of the instrument of partnership, on a fair construction, provide for distribution of losses amongst the partners on the minor attaining majority. it cannot, therefore, be said that on narayan prasad's attaining majority there ..... in the identity of partners. 'shares of the partners as evidenced by the instrument of partnership' refer to their shares in profit and loss as disclosed by the instrument of partnership. section 2(23) of the act defines a partner to include a minor admitted to the benefits of partnership. in view of this special definition, it cannot be said that when a minor ..... admitted to the benefits of a partnership becomes a major, and so becomes a partner in the real .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-09-1979
Reported in : 1979(4)ELT661(AP)
..... .2. the material facts giving rise to the question are these : the petitioners, messis. andhra re rolling works, are a firm registered under the indian partnership act, 1932. they carry on business of manufacturing mild steel rounds and flats (hereinafter referred to as 'the said products') at their factory at moosapet. the manufacture of the said products ..... june, 1962, the central government hereby exempts iron or steel products (falling under sub-item (ia) of item no. 26aa of the first schedule to the central excises and salt act, 1944 (1 of 1944) made from any of the following materials or a combination thereof, namely : --(i) fresh unused re-rollable scrap on which the appropriate amount of duty of ..... no. 123/65 dated 14-8-1965 that iron and steel products falling under sub-item (ia) of item 26aa of the first schedule to the central excises and salt act, 1944, made out of ingots cut or broken but not rolled on which the appropriate amount of duty, has already been paid are exempt from duty. therefore, the conditions to .....Tag this Judgment!