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of <h1>Court rules partnership deed with a minor as full partner void under Income-tax Act</h1> <h3>Choudry Brothers Versus Commissioner Of Income-Tax</h3> Choudry Brothers Versus Commissioner Of Income-Tax - [1986] 158 ITR 224, 60 CTR 151, 31 TAXMANN 26 Issues Involved:1. Validity of assessment in the status of association of persons.2. Tribunal's direction to file Form No. 11 and comply with conditions u/s 184.3. Entitlement to benefits of registration.Summary:Issue 1: Validity of Assessment in the Status of Association of PersonsThe court addressed whether the assessment in the status of an association of persons is valid. The partnership deed dated July 5, 1962, included a minor as a full partner, which is contrary to section 30 of the Partnership Act. The court held that the partnership deed is void and incapable of constituting a partnership. Consequently, the association of persons cannot be assessed as a registered or unregistered firm but only as an association of persons u/s 4 of the Income-tax Act, 1961.Issue 2: Tribunal's Direction to File Form No. 11 and Comply with Conditions u/s 184The Tribunal directed the assessee to file Form No. 11 and comply with conditions u/s 184 of the Income-tax Act. The court found that the partnership deed was void, and no valid partnership existed. Therefore, the subsequent election by the minor to continue as a partner did not cure the invalidity. The court concluded that the Tribunal's direction was incorrect as no registration could be granted based on a void document.Issue 3: Entitlement to Benefits of RegistrationThe court examined whether the assessee is entitled to the benefits of registration. Since the partnership deed was void, the assessee could not claim registration u/s 184. The court emphasized that a valid partnership deed is a prerequisite for registration, and the void deed could not be revalidated by the minor's subsequent election to continue as a partner. Thus, the assessee was not entitled to the benefits of registration.Conclusion:The court answered all three questions in favor of the Revenue and against the assessee, emphasizing the invalidity of the partnership deed and the lack of legal basis for registration or assessment as a firm. No costs were awarded.
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