...document dated October 1, 1961, written on the stamp papers bearing date October 20, 1961, was ab initio void and that as there is no valid partnership deed in writing, the registration has rightly been.... The Appellate Tribunal, without going into the question as to whether there was a genuine partnership constituted as contended by the assessee as per the partnership deed, proceeded to consider whether there was a valid partnership...:“Whereas it has now been brought to our notice that we have attested the partnership deed under date October 1, 1961, while the stamp paper for the partnership deed was purchased on October 20...

...register the firm. When the matter came before the Appellate Assistant CIThe held that the partnership deed was valid as it was entered into by two major persons. He directed the...the agreement between the two partners and from that date of the execution of the deed, there was a valid partnership in existence. However, there was no firm as such in existence up to that date. No material has been placed before us to show tham fact there was any firm in existence before the date of execution of the partnership deed. In...the deed there was a valid partnership agreement and there is evidence regarding the existence of the firm. When there is no firm in existence in a particular period, no deed of partnership can be...

...was no valid partnership deed, as the partnership included the minor and the deed was also executed by the minor. The assessee claimed that the above declaration should be treated as relating to 1963–64...was refused registration for the year 1962-63. The deed of partnership dated December 1, 1960, did not create a valid partnership, as by this deed the minor was made a full-fledged partner, and he was..., Bombay v. Dwarkadas Khetan & Co. . A valid partnership was constituted only by the execution of the deed of clarification on March 26, 1963. Therefore, there was no question of renewal of...

...had entered into the partnership at the time when he was competent to contract. On the date of the deed, namely, August 25, 1975, Mayankutty was a major. Clause 2 of the partnership deed did not make Mayankutty a partner on April 1, 1975. It was provided only for the purpose of taking accounts. Since a valid partnership...by a deed dated February 26, 1974. A new deed of partnership was executed on August 25, 1975, between four persons. Out of the original seven partners, four expressed their desire to retire from the...deed, the reconstituted partnership should be deemed to have come into force with effect from April 1, 1975, and on that day Mayankutty was only a minor. So, he took the view that Mayankutty could...

...the grant of a fresh registration. The original partnership deed was filed with that application. The agreement was, however, filed on July 25, 1974. The ITO, following the decision of this court in Addl. CIT v. Uttam Kumar Promod Kumar [1974] 97 ITR 730, took the view that there was no valid deed..., agreeing with the assessee, held that the agreement dated December 1, 1972, was a part of the partnership deed and satisfied the requirements laid down for the constitution of a valid partnership in...refusing registration was passed by the ITO. In the circumstances of the present case, the Appellate Tribunal was of the opinion that the assessee-firm was constituted under a valid partnership deed and it...

...firm is changed. In the present case, the constitution of the old partnership was changed and the new constitution was evidenced by the new partnership deed. The distribution of profits was not in accordance with the new partnership deed. This led to the cancellation of the partnership deed. The corrigendum which brought the shares in accord with the distribution of profits was furnished on 7th October, 1966. There was no valid partnership.... A fresh deed of partnership was executed on 18th September, 1963. The shares of the partners in profit and loss were equal. However, in the account books for the period commencing from 13th September...Income-tax Officer granted registration to the reconstituted firm under the deed of partnership dated 18th September, 1963, for the assessment year 1964-65. When later it was discovered that the profits...

...) of the I.T Act, “the Act” for short:“Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that no valid partnership firm was in existence during the accounting year relevant to the assessment year 1967-68 and thereby upholding the order of refusal, of registration of the, assessee-firm by the Income-tax Officer and the Appellate Assistant Commissioner in spite of the deed of...such a minor could be admitted to the benefits of the partnership. As Shri Girdhar was admitted as a full-fledged partner, there was no valid partnership.3. The learned Tribunal held that the deed dated...December 2, 1969, which sought to validate the invalid document with retrospective effect did not validate the original partnership deed. The learned Tribunal held that during the accounting year there was no valid partnership...

...:(1) Whether there exists a legal and valid partnership deed containing an arbitration clause ? If so, its effect.(2) Whether the disputes referred in the petition are liable to be...arguments have been raised that the partnership deed was not legal. The only objection is that the partnership had not come into existence. In my opinion, as there is no-dispute about the existence of a legal and valid arbitration...reference of certain disputes which are stated to have arisen between the parties under a partnership deed dated 1st February, 1990. The facts in short are that the defendant is stated to have approached...

...endorsement made on 7th November, 1953, on the original partnership deed had not been signed by Jaisingh himself although he had become a major and, therefore, there was not a firm constituted under a valid instrument...of partnership during the relevant account year. For the subsequent year 1956-57, registration was again refused on the ground that the original partnership deed and the further document executed by Jaisingh on 24th February, 1955, did not constitute a valid partnership...a partnership deed, according to the said decision, therefore, would be a valid partnership deed and the Income-tax Officer will not be entitled to refuse registration to the partnership merely on...

...majority on August 9, 1978, and a new partnership deed was executed on August 14, 1978, admitting the said Gopalbhai to a partnership and the partnership was given effect from November 12, 1977. 4. The Commissioner of Income-tax took the view that a valid partnership...deed under the Partnership Act could not be said to have been in existence from November 12, 1977, onwards and hence no...to him under section 30(7) of the Indian Partnership Act, 1932, whereas, a strict application of the partnership deed would have made that possible. In short, it was his...

...(3) of the Partnership Act, 1932. As per Section 69(3)(a), the suit is maintainable as dissolution was being enforced in form of winding of the partnership deed. This has been so held by learned lower Appellate Court. Learned lower Appellate Court further held that document dated 14.6.1988 is a valid partnership...the recovery of amount on basis of partnership deed dated 14.6.1988 on the following grounds:—a) That the partnership deed was not registered;b) That suit was barred by.... Two Courts below have taken the evidence of DW. 2 Makhan Singh, husband of defendant No. 2 into consideration that he had admitted execution of partnership deed Ex.P2 in cross-examination. The Courts...

...rights in the partnership from 1-4-1981. Therefore, the new partnership deed which is deemed to have come into operation from 1-4-1981 cannot be valid. So, there could not be a genuine firm existing by the...entitled to registration. Both the ITO and the AAC have accepted that a genuine firm was in existence till 30-11-1981. The question is whether the new partnership deed has to be accepted as a valid partnership...of the two partners. The dissolution deed clearly mentions the date as 30-11-1981. The partnership upto this period is accepted as genuine and valid. The department has not doubted the correctness of...

...-tax [1958] 34 ITR 351 (Bom). He took the view that the firm of New Life Construction Company was duly constituted under a valid partnership deed and the shares of the partners were specified in the...individuals, and a fresh partnership deed was executed on November 29, 1954, on the basis of which an application for registration under section 26A of the Income-tax Act was made for the assessment year 1954-55. Registration was refused for that year on the grounds: (i) that it was not a valid partnership...contingency arising on the death of any partner. In the agreed statement of the case it is clearly stated that the partnership deed was signed by Parsram D. Mariwalla, Madhavji Khimji, Laxman Velji and...

...over the subject 6/6 property. In the absence of any document to show that he is having a valid partnership deed with...petitioner that the respondent No. 5 was allotted the shop bearing No. C-39 by the Agriculture Produce Market Committee, Muzaffarpur and that the petitioner had entered into a partnership deed with the...Committee to show that he was recognized as a partner of the respondent No. 5 nor he filed any partnership deed alleged to have been executed between him and the respondent No. 5. Further, a perusal of the...

...the status of the firm was assessed as AOP as there was no valid partnership deed as provided u/s 184. The assessee is in the liquor business and the AO was inquiring about the capital contributions...the partnership firm or the members of an AOP. Reliance was placed on the following case laws. (a) CIT vs. Jaisewar Motor Finance...

...status of the firm was assessed as AOP as there was no valid partnership deed as provided u/s. 184. The assessee is in the liquor business and the AO was inquiring about the capital contributions of the...be made in the hands of the firm or AOP, for contributions to capital made by, the partners of the partnership firm or the members of an AOP. Reliance was placed on the following case laws...

...No. 412/Asr/2018 (AY 2014-15) GRK Agencies v. ITO further enhanced, w.e.f. 01.4.2013, to Rs.2.20 lacs per annum each, is a valid clause. The relevant clause of the partnership deed...ensuing part of this order. 4.3 The next question that arises is if the resolution, stated to be passed on 01.4.2013, can be regarded as a part of the partnership deed, i.e., a supplementary or revised deed, amending the original partnership deed to that extent from that date. The same being not stamped, much less properly, nor registered, has not been regarded as valid; rather..., by the Revenue. The issue, before going into the technical question as to if it could in law be regarded as a valid partnership deed, i.e., if it would qualify as one, is of the genuineness of the...

...partnership deed was later on executed on 13.05.2013, which assesse asserts as the valid partnership deed and on the basis of which document assesse sought registration of the firm with the Income-tax...partnership deed dated 01.02.2013, whereas according to the assesse, another deed/rectified partnership deed dated 13.05.2013 was executed by partners, and Income Tax Department issued PAN for the...Bank where the assessee had bank account. Pursuant to the same, the bank (HDFC) forwarded to AO a copy of the partnership deed filed by the assessee firm which was dated 01.02.2013. The AO on perusal...

...deed made no distinction between her and other adult partners and as per the partnership deed she had an interest of 20 per cent. in the profit and loss of the firm. In view of this fact, the Income-tax Officer refused the registration of the firm by holding that the partnership deed was not valid and...Legislature. sections 184 and 185 of the Income-tax Act contemplate a partnership deed which is valid as on the date the deed was executed. Section 30 of the Indian Partnership...such the partnership deed dated July 5, 1962, was invalid and sections 184 and 185 of the Income-tax Act provide for registration of the firm based on a valid partnership deed...