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TMI Blog1984 (9) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the partnership with 12 per cent share. Alok Kumar Sharma did not contribute any capital nor did he render any services to the partnership. ITO examined three of the six partners of the assessee-firm, namely, Shahdev Kumar Dubey Ramnarain Dubety and Chironjilal Goyal. All the three partners stated that Alok Kumar Sharma was admitted to the benefits of the partnership because his father Govind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rded as a genuine firm if any partner of the firm was, in relation to the whole or any part of his share in the income or property of the firm, at any time during the previous year, a benamidar (b) of any person not being a partner of the firm, and any of the other partners knew or had reason to believe that the first mentioned partner was such benamaidar and such knowledge or belief had not bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a benefit given to the assessee and the assessee had to strictly comply with the legal provisions for availing of the said benefit (Shri Rama Mohan Motor Service vs. CIT 1973 CTR (SC)) 247: (1973) 89 ITR 274 (SC). Thus, the assessee firm had to comply with the provisions of the aforesaid Explanation and had to submit Form No. 12A to the ITO as per provisions of r. 24A. The assessee has not compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd partnership having same meanings as assigned to them in the Indian Partnership Act but makes a departure by laying down that expression "partner" shall also include any person who, being a minor had been admitted to the benefits of the partnership. Thus the admission of a minor to the benefits of the partnership would also be covered by the aforesaid Expln. to s. 185(1). 7. The assessee havin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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