Court : Guwahati
Decided on : Sep-22-1989
..... a partner in a firm in his individual capacity as well as a karta of the hindu undivided family. it is aware of the provisions of the indian partnership act, 1932. it has clearly provided that where the karta is a partner in a firm and it is found as a matter of fact that he ..... the revenue cannot be treated as a partner in a firm. the rights and obligations of the revenue are regulated not by the contract of partnership but by the provisions of the act. it thus falls in the category of 'third parties' and a partner, who is a karta of a hindu undivided family, functions qua ..... the matter of levy and collection of income-tax on a partner of a firm can be regulated by the terms of the contract of partnership ; (3) whether the income-tax act recognises the dual capacity of a partner for the purpose of assessment; and (4) whether the income from a firm can be assessed ..... interpretation of statutes. we, accordingly, hold that the expression 'individual' used in section 64(1) of the act has to be read in the context of income arising to such individual from the membership of the partnership, etc. if the income does not arise to him, then the section would not apply. in a ..... n. choudhury, learned standing counsel for the revenue, submits that section 64(1) of the act comprehends within it a case of a partnership where the karta of a hindu undivided family is a partner. so far as the partnership is concerned, such a partner has to be considered only as an individual and his representative capacity .....Tag this Judgment!
Court : Kerala
Decided on : Aug-25-1989
Reported in : (1989)80CTR(Ker)202; 181ITR476(Ker)
..... of obtaining the refund as well as for assessment by virtue of sections 41 and 189 of the income-tax act read with section 47 of the indian partnership act, 1932.5. section 47 of the partnership act says that on the dissolution of a firm, the authority of each partner to bind the firm and the other ..... which has to be distributed among the partners and, therefore, by virtue of section 47 of the partnership act, the assessee-firm continued to exist for distributing the assets.6. under section 189 of the income-tax act, where any business or profession carried on by a firm has been discontinued or where a firm ..... its partners and for this limited purpose, the firm would continue under section 47 of the partnership act. if the firm continues for this purpose, it will have to be assessed also under section 189 of the income-tax act read with section 41.14. in the light of the above, our answer to the ..... and the assessment or reassessment of such a firm after dissolution can, under section 44 of the indian income-tax act, 1922, be made in the same manner under the income-tax act or the excess profits tax act as if it had not discontinued its business.'11. reference was made on behalf of the revenue ..... as the assessment of its pre-dissolution income is concerned and the assessment or reassessment of such a firm after dissolution under section 44 of the act could be made in the same manner under chapter iv as if it had not discontinued its business. in the present case, therefore, the assessment .....Tag this Judgment!
Court : Chennai
Decided on : Jan-24-1989
Reported in : 1989(42)ELT189(Mad)
..... well accepted position of a firm under the law of partnerships. we will quote the relevant passage from 'law of partnership in india' by s. d. singh and j. p. gupta (2nd edition). '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 and is thus more in accordance with the law of scotland than with that of england. but the fact, that a firm possess a distinct personality does not involve that the personality continues unchanged so long as business of firm continues. the indian act ..... filed a suit either in its name or in the names of its partners. under order 30, rule 1, civil procedure code, it is the partnership firm alone which is entitled to file a suit in firm name. therefore, this well laid distinction cannot be obliterated as is sought to ..... like the english act avoids making a firm a corporate body enjoying the right or perpetual succession. it may be noted that a firm is not ..... was not taken note of. the licence was renewed in 1979, 1980, 1981 and 1982. it was at that stage, he entered into a partnership in which savitri, kumaragurubaran and k. shanmugavelayudam were taken as partners. even after this, the application in form no. g.s. 6 as .....Tag this Judgment!
Court : Kerala
Decided on : Jan-24-1989
Reported in : (1989)76CTR(Ker)85; 177ITR518(Ker)
..... also by the commissioner of income tax (appeals). in second appeal, the appellate tribunal held that in view of section 189 of the income-tax act, section 47 of the indian partnership act, 1932, and the decision of the supreme court in saligram ruplal khanna v. kanwar rajnath, air 1974 sc 1094, the rights and liabilities of ..... .7. we now turn to the two original petitions filed by the revenue. in the light of section 189 of the income-tax act, read with section 47 of the indian partnership act and the decision of the supreme court in saligram ruplal khanna's case, air 1974 sc 1094, and on the facts of this case ..... it may be only for the purpose of winding up the affairs of the firm. in the light of section 47 of the partnership act and section 189 of the income-tax act, understood in the context of the decision of the supreme court in saligram ruplal khanna's case, air 1974 sc 1094, we ..... no. 113 of 1978. finally, the matter was settled out of court. the suit was dismissed on february 29, 1980. a regular deed of dissolution of partnership was executed by all the partners of the firm on february 22, 1980. it stated that the firm stood dissolved with effect from may 22, 1978. the ..... 23, 1978, to march 31, 1979, should be made in the status of a 'firm' and further whether depreciation allowance is allowable. there was an original partnership deed dated july 19, 1971. it was superseded by another deed dated june 4, 1975. disputes arose among the partners. one of them issued notice to the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-24-1989
Reported in : 1989(42)ELT212(Mad)
..... cause notice tends to ignore the well accepted position of a 'firm' under the law of partnership. we will quote the relevant passage from law of partnership in india by s. d. singh and j. p. gupta, 2nd edition :- 'the indian partnership act goes further than the english partnership act, 1980 in recognising that a firm may possess a personality distinct from the persons constituting it and ..... is thus more in accordance with the law of scotland than with that of england. but the fact, that a firm possesses a distinct personality does not involve that the personality continues unchanged so long as business of the firm continues. the indian act ..... like a english act, avoids making a firm corporate body enjoying the right perpetual succession.' 'it may be noted that a firm is not a juristic person but is only compendious expression ..... its partners, a firm is entitled to file a suit in its own name or in the name of its partners. under order 30 rule 1, civil procedure code, it is the partnership firm alone which is entitled to file a suit in firm name.' therefore, this is well laid distinction cannot be obliterated as is sought to be done now. under these .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-27-1989
Reported in : 73CompCas525(MP)
..... a case.' 24. shri chitale, learned counsel, no doubt attempted to argue as to how there was a difference between the old section 264 of the indian contract act, 1872, and the present provisions in the indian partnership act, we, however, in view of the direct gujarat high court decision, do not think that shri chitale's attempt to distinguish the decision, advances the plaintiff ..... defendant no. 3 lakhmichand as also the mortgaged property liable for satisfaction of the mortgage money, is that no notice as required under sections 32 and 45 of the indian partnership act was given, though the learned judge, in para 42 of the judgment, refers to the plaintiffs letter dated july 9, 1958, already referred to above. in this connection, shri waghmare ..... third and more important question as to the effect of the public notice of the dissolution of the firm not having been given as stipulated under section 45 of the indian partnership act, 1932. on going through the judgment of the lower court, paras 32 and 43, it is seen that what mainly weighed with the lower court for holding the appellants and ..... confer any title on the vendees. the suit is not barred by limitation. 8. the learned additional district judge held that as no public notice under section 45 of the indian partnership act, 1932, was given of the dissolution of the firm, the defendants are liable to pay the amount and the mortgaged property was liable for its satisfaction. he accordingly decreed the .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-04-1989
Reported in : AIR1990All27
..... into the building contract being unregistered, the plaintiff was not entitled to claim any amount as the suit was barred under section 69(2) of the indian partnership act. it was also contended that the dispute sought to be referred to arbitration was not covered by the arbitration clause.4. the learned court below came ..... by the arbitration clause.6. it is not disputed that a proceeding under section 20 of the arbitration act is in the nature of a suit and would be covered by section 69. section 69 of the indian partnership act is in these terms:'69. effect of non-registration-- (1) no suit to enforce a right arising ..... from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as ..... of a suit between partners inter se or between partners and the firm for the purpose of enforcing a right arising from a contract or conferred by partnership act, unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm.8. sub ..... 1974 and what the plaintiff is seeking is its enforcement by reference to arbitration. such a suit obviously would be hit by section 69(2) of the partnership act. there are number of cases of this court on this point and it is not necessary to refer to all of them. we may, however, refer .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-20-1989
Reported in : 182ITR13(All); 48TAXMAN277(All)
..... it obliterate the distinction between reconstitution and dissolution.15. section 187 applies only when a firm is reconstituted in accordance with the provisions of sections 31 and 32 of the indian partnership act, but where the firm is dissolved either by agreement or by operation of law and another firm takes over the business, that will be a case of succession governed by ..... 187(2) provides a new definition of the expression 'change in the constitution of the firm', different from the one in which that concept is understood or known in the indian partnership act. further, the purport of section 187(1) is that the assessment of the firm which has undergone a change in its constitution has to be made as it stands reconstituted ..... case may not be the same if we were to accept the contention of learned standing counsel based on the decisions relied upon by him.13. under the law of partnership, there is a well-marked distinction, and too well-known to be ignored, between a going concern, which is reconstituted and a firm which is dissolved and then reconstituted. in ..... 'the act').'whether the tribunal was legally correct in upholding the order of the learned appellate assistant commissioner directing the income-tax officer to make two separate assessments for the two periods on the basis of the two returns filed by the assessee ?'2. brief facts giving rise to the aforesaid question are these : the respondent, messrs. doon jewellers, a partnership firm .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-25-1989
Reported in : 180ITR423(MP)
..... holding that part of the amount of rs. 70,000 received by the assessee was attributable to the assessee's share of profits in terms of section 37 of the indian partnership act and, accordingly, liable to tax in her hands ?'2. the material facts giving rise to this reference as set out in the statement of the case, briefly, are as follows ..... tribunal further held that part of the amount received by the assessee was attributable to the share of profits that the assessee was entitled to under section 37 of the partnership act and that it would have to be spread over the four years in question. in this view of the matter, the tribunal remanded the case to the income-tax officer ..... was dissolved. though the tribunal has referred to the agreement between the assessee and other partners whereby the disputes between them arising out of expulsion of the assessee from the partnership were settled and the assessee was paid a lump sum, neither the agreement is on record, nor has the tribunal referred to the terms and conditions of that agreement. in ..... proceedings in that behalf. ultimately, the matter was settled between the parties and the assessee was paid a sum of rs. 70,000 on account of her share in the partnership firm, on the closing date of the relevant accounting year. in the course of the assessment of the assessee for the assessment year 1978-79, the income-tax officer assessed .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-06-1989
Reported in : 1990(49)ELT45(Raj)
..... industries are taken into consideration.3. the brief facts giving rise to this writ petition are that the petitioner m/s. mehta metal industries is a partnership firm duly registered under the provisions of the indian partnership act, 1932. the petitioner is a re-roller of stainless steel product namely known as 'patta'. the product is roughly shaped. it is even in shape, size ..... to charge duty under this item and the petitioners continued to pay duty under protest. but the contention of the petitioner has ultimately succeeded at the highest tribunal under the act. therefore, the petitioner is entitled to interest from the date of payment of the duty @ 12% per annum. in redihot electricals v. union of india and ors. the interest was ..... tribunal as confirmed by the supreme court is all the more relevant to the facts of the present case as there is no definition of 'strip' under the central excise act prior to 1-3-1988. in the absence of definition under the central excise tariff, the only method of classification should be on the basis of mill in which it ..... . 26-aa the petitioner and other 15 persons filed appeals before the collector (appeals), central excise, new delhi under section 35a of the central excises & salt act, 1944 (hereinafter to be referred to as 'the act of 1944'). the collector (appeals), central excise & customs, new delhi disposed of 14 appeals by common order dated 22-1-1986 and two appeals by common .....Tag this Judgment!