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Addl. Commissioner of Income-tax Vs. Hassan Chand and Sons

Court : Rajasthan

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 26A; Income Tax Act, 1961 - Sections 184, 184(4), 185, 185(5), 187 to 189, 246, 297 and 297(2); Income Tax (Removal of Difficulties) Order, 1962 - Schedule - Articles 2 and 3; Indian Partnership Act, 1932 - Sections 37

Reported in : [1997]224ITR244(Raj)

property equal share in the profits of the new firm in accordance with Section 37 of the Indian Partnership Act, 1932, to which the guardian has agreed by appending his signatures to this deed.' 5. By Clauses 4 and … repealing Act, the assessment shall be made, inter alia, in accordance with the procedure specified in the following sections of the repealing Act, in so far as they may be relevant for the purpose of Sections 131 … under section 185(5) and as such was an appealable order under section 246(g).Held :Section 184 does not contemplate an order to be passed by the

income-tax Officer Vs. Dinesh K. Shah and ors.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(35), 192, 194A, 200, 276B, 278B and 278B(1); Indian Partnership Act, 1932

Reported in : [1997]223ITR68(Mad)

thus : '2. (23) 'firm', 'partner' and 'partnership' have the meanings respectively assigned to them in the Indian Partnership Act, 1932 (9 of 1932) ; but the expression 'partner' shall also include any person who, being a minor, has … below is contrary to law. The court below has misdirected itself on the question of law relating to Sections 2(35) and 2(38)(b) of the Act. On a careful analysis of the relevant sections of the Act and the

Kottapally Jaggaiah Vs. Kokumanu Venkatasatyanarayana and ors.

Court : Andhra Pradesh

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 2 and 4

Reported in : AIR1984AP149

but in the circumstances without costs.6. Appeal dismissed. Commercial - valid partnership - Sections 2 and 4 of Partnership Act, 1932 - suit laid for settlement of accounts of partnership - whether single contract with Government can be subject

Commissioner of Income Tax Vs. Shankar Cottons

Court : Chennai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 184; Indian Partnership Act, 1932 - Sections 2, 6 and 30

Reported in : (1997)137CTR(Mad)583; [1996]222ITR445(Mad)

in granting registration to the assessee-firm, since, according to the Tribunal, there is no prohibition in the Indian Partnership Act, 1932, for admitting a major to the benefits of the partnership. 3. The point for consideration is as to … order of the Tribunal. There will, however, be no order as to costs. Direct Taxation - registration - Section 30 of Indian Partnership Act, 1932 - whether Tribunal right in holding that admission of daughter to benefits … Thanikkachalam, J.1. As per the directions of this Court under s. 256(2) of the IT Act, 1961 (in short, 'the Act'), the Tribunal referred

Rajanikanta Padhi Vs. B. Kameswar Subudhi (Dead) After Him His L.Rs. a ...

Court : Orissa

Subject : CommercialBanking

Acts : Indian Partnership Act, 1932 - Sections 69(2); Orissa Money Lenders Act, 1939

Reported in : 2002(I)OLR646

dismissed on merit with cost all throughout. Advocate's fee be assessed at contested scale. Civil - Recovery - Sections 4 and 69 of Indian Partnership Act, 1932 - Plaintiff was registered money lender - Defendant having cloth … without including the co-owner, i.e. his brother and the suit is hit by Section 69(2) of the Indian Partnership Act, 1932.8. Learned Counsel for the plaintiff/respondent repelled the aforesaid contention and defended correctness of the impugned judgment.9. Before discussing

Baria Guman Hamji and anr. Vs. Rajanikant J. Shah

Court : Gujarat

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 2(1), 3, 4, 4A(3) and 22(3); Code of Civil Procedure (CPC) ( CPC) - Order 1, Rule 9; Partnership Act, 1932 - Sections 18; Indian Contract Act, 1872 - Sections 4 and 43

Reported in : 1992ACJ740; (1992)1GLR7; (1993)IIILLJ240Guj

the firm, for the purpose of business of the firm, as provided in Section 18 of the Indian Partnership Act, 1932. Of course, there is evidence to show that the opponent, Rajanikant J. Shah, was one of the partners … applicants, by Account Payee cheque.The appeal stands allowed accordingly with costs throughout. Labour and Industrial -non joinder - Sections 2 (1) and 4A (3) of Workmen's Compensation Act, 1923, Order 1 Rule 9 of Code of Civil Procedure,

Addl. Commissioner of Income-tax Vs. Visakha Flour Mills

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 187, 187(2) and 188; Indian Partnership Act, 1932 - Sections 42

Reported in : [1977]108ITR465(AP)

of a partner of a partnership firm, the partnership automatically gets dissolved under Section 42(c) of the Indian Partnership Act, 1932, that a new firm for the remaining broken period in each of the two accounting years has come … clubbing the incomes for both the broken periods.7. The answer to the question turns upon the provisions of Sections 187 and 188 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') and their application to … has submitted an agreed statement of the case and referred under Section 256(1) of the Income-tax Act, 1961, the following question of law for the

Commissioner of Income-tax Vs. Bhanodaya Industries

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(47), 41, 41(2) and 45

Reported in : (2002)173CTR(AP)363; [2002]253ITR350(AP)

it would be proper to refer to the relevant provisions of the Act as well as the Indian Partnership Act, 1932 :Clause (47) of Section 2 of the Income-tax Act, 1961, reads :'Section 2. In this Act, unless the … the Income-tax Appellate Tribunal, Hyderabad Bench-A, Hyderabad, referred the following questions for the opinion of this court under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), said to arise out of its

P.N. Sarmah Vs. Commissioner of Income-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(23), 184, 185 and 186; Indian Partnership Act, 1932 - Sections 30 and 30(5)

becomes also a partner in the firm, in accordance with the provisions of Section 30(5) of the Indian Partnership Act, 1932, the share of all the then partners shall be 20% both in profit as well as in loss … question let us turn to the relevant provisions of the Act dealing with the registration of firms, namely, Sections 184 and 185 of the Act. On a scrutiny of the provisions we note that the strictness imposed … Lahiri, J. 1. The sole question referred to this court Under Section 256(1) of the I.T. Act, 1961, for eliciting the opinion of this court

The Chief Controlling Revenue Authority, Gujarat State, Ahmedabad Vs. ...

Court : Gujarat

Subject : Civil

Acts : Bombay Stamp Act, 1958 - Sections 2 - Schedule - Articles 46 and 47-B; Partnership Act, 1932 - Sections 4 and 48

Reported in : (1976)GLR898(GJ)

with the shares of the two owners, does not necessarily establish a partnership within the meaning of the Partnership Act, 1932. In Lindley on Partnership (Twelfth Edition Mae 57) the main differences between co-ownership and co-partnership have been compared. … laying down the law. In Narayanappa v. Bhaskara -Krishnappa : [1966]3SCR400 , the Supreme Court examined the different sections of the Indian Partnership Act and described the effect of deed of dissolution. In this connection Mudholkar, J. … article ?'2. The facts leading to this reference are as follows:On March 23, 1950 Chaturbhuj alias Bachubhai Tribhovandas and Chhotalal Tribhovandas who are the two