1978 (8) TMI 124

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..... the assessee when he converted the proprietary 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 p .....

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..... gift on the formation of the partnership from 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 propr .....

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..... as carried on by the assessee for a long 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 whe .....

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..... look after the partnership firm and remuneration 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. T .....

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..... rtnership after contributing own capital. There is no indication that such capital came from the father or from the proprietary business. In the case decided by the Madras High Court (113 ITR 574) the facts are similar to the facts of the present case. So following two decisions of the Madras High Court, we confirm the finding of the AAC. 7. In the result, the departmental appeal is dismissed.

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