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2002 (6) TMI 30 - ANDHRA PRADESH HIGH COURTFirm - "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that firm, Suleman Khan and Mahaboob Khan and Co., Tobacco Exporters, Guntur, was entitled to claim registration for the relevant assessment years 1975-76, 1976-77 and 1977-78?" - The provisions of section 11(2) of the Companies Act must be read in the context of and in harmony with sections 4 and 30 of the Partnership Act. The assumption of the department that the word "person" occurring in section 11(2) of the Companies Act takes in a minor also as a partner in a partnership was based on erroneous view of the law. As pointed out supra, the provisions of section 184(3) of the Act which provide that the application for registration should be signed by all the persons (not being minors), clearly suggests that under the Income-tax law, no minor can be a partner in a partnership firm as such. - we answer the question referred to us in the affirmative in favour of the assessee and against the Revenue.
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