9911796707
TMI Blog2019 (2) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... equire a resolution to be passed by the firm before a partner, that too, in a partnership at will, can retire. However, this conclusion would not solve the entire issue. Several other considerations would have to be weighed before the question of recovery of dues of the firm can be made against the petitioner. Firstly, the Authority has not examined the genuineness or correctness of the communi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Co for the Petitioner Mr. Akhileshwar Sharma for the Respondents P.C.: 1. Petitioner has challenged the order dated 27.9.2017 passed by respondent No. 2 - Assistant Commissioner of Income Tax under Section 188A of the Income Tax Act, 1961 ( the Act for short). 2. Brief facts are as under:- (a) The petitioner was a partner of one M/s. Suraj Jewellers, a partnership firm. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999 that is long before the assessment order in relation to which the dues are sought to be recovered. (b) It is not in dispute that the petitioner had also produced before the said Authority a copy of communication dated 10.12.1999 on a stamp paper by the petitioner to the other partner of the firm conveying his intention to retire from the partnership firm. As the partnership constituted o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partner. 3. Having heard the learned counsel for the parties and having perused the documents on record, we find that respondent No. 2 has incorrectly discarded the stand of the petitioner of having retired from the partnership. No provision under the Partnership Act 1932 has been brought to our notice which would require a resolution to be passed by the firm before a partner, that too, in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
