9911796707
|
Home
Issues:
Entitlement to registration for the assessment year 1983-84 based on the admission of a minor partner to a firm and the subsequent change in partnership constitution. Analysis: The case involved a reference under section 256(1) of the Income Tax Act, 1961, regarding the entitlement of the assessee to registration for the assessment year 1983-84. The firm in question had two partners, with a minor partner admitted to the benefits of partnership. The minor partner attained majority and was made a full-fledged partner with retrospective effect from April 1, 1982, as per a new deed of partnership. The Income Tax Officer initially refused registration for the assessment year, citing that a minor cannot be a full-fledged partner. The Appellate Assistant Commissioner disagreed, stating that income or loss accrues at the end of the accounting year. However, the Tribunal ruled ex parte in favor of the Revenue, emphasizing that the minor partner should not be burdened with sharing losses during his minority period. The legal debate centered on the Partnership Act, 1932, and the Income Tax Act provisions. Section 30 of the Partnership Act allows a minor to be admitted to the benefits of partnership with the consent of all partners. The minor can elect to become a full partner within six months of attaining majority, assuming liability for acts of the firm since admission. The High Court referenced the Jagadhri Electric Supply case, which held that a minor, upon attaining majority, can take responsibility for partnership losses incurred during minority. This principle supported the assessee's argument that the deed of partnership was not illegal merely because the partner accepted liability post-majority. The High Court further cited precedents from Kerala and Andhra Pradesh High Courts, emphasizing that admitting a minor partner as a full-fledged partner does not change the firm's constitution. These cases established that a minor, upon attaining majority, can accept responsibilities as a partner, even for losses incurred during minority. The Court also referenced a Punjab and Haryana High Court case allowing retrospective operation of a partnership deed for dating profit and loss accounts. The Court agreed with the Appellate Assistant Commissioner's view that income or loss accrues at the end of the accounting year, supporting the assessee's entitlement to registration for the assessment year 1983-84. In conclusion, the High Court held that the assessee was entitled to registration for the assessment year in question, rejecting the Revenue's arguments. The judgment was delivered in favor of the assessee, emphasizing the legal provisions under the Partnership Act and Income Tax Act regarding the admission of a minor partner and subsequent partnership changes.
|
