TMI Blog1978 (8) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... concern of Bharat Trading Co., into a partnership concern of himself and his children. 2. The deceased assessee was running a business in Cuddalore under the name of Bharat Trading Co., which was a sole business concern. On 1st April, 1970 he converted such business into a partnership concern by taking his two adult sons and two adult daughters as partners and also a minor daughter being entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the individual business. For that he relied on the decision of Madras High Court since reported namely Additional Commr. Of Gift-tax, Madras vs. A.A. Annamalai Nadar(1). Hence he deleted the addition of Rs. 59,279. As against that order, the Revenue is in appeal. The learned Departmental representative contended before us that the goodwill of the proprietary concern is an asset and the assessee c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number of years and it carried goodwill. However, the main question for consideration is whether the transfer by the assessee is for consideration and whether there was no gift within the meaning of the s. 2(xii) of the Gift-tax Act. Before referring to the legal position, it is necessary to find out whether there was conversion without consideration or whether the children were given their share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neration for management, he was to be paid a salary of Rs. 300 per month. It is clear from the recitals of the partnership deed that the sons and daughters had contributed capital for the partnership firm and this was adequate consideration for conversion of proprietary business into a partnership business. Gift contemplates transfer without consideration. There is clear indication from the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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