1984 (10) TMI 102 - AT - Income Tax

Tribunal grants partnership registration to firm involving HUF & coparceners

The tribunal allowed the appeal, directing the Income Tax Officer to grant registration to the firm. It held that a partnership could be formed between an ... In Part, One Partner, Partnership Deed Issues:1. Refusal of registration under section 185(1)(b) of the Income-tax Act, 1961.2. Validity of partnership between HUF and coparceners.3. Examination of partners and nature of work done.4. Genuine partnership determination based on control and contribution.5. Requirement of all partners to work in the firm.6. Capital contribution and mention of dormant partner in partnership deed.7. Control of business by one partner and its impact on partnership.Analysis:The judgment deals with the appeal against the refusal of registration under section 185(1)(b) of the Income-tax Act, 1961. The primary issue was the validity of the partnership between an HUF and its coparceners. The representative of the assessee argued that a partnership could be constituted between the karta of an HUF and coparceners, citing various legal precedents. The tribunal, following the Privy Council's decision, held that a partnership firm could indeed be formed between the HUF and its coparceners in their individual capacity.Another issue raised was the examination of partners and the nature of work done. The department questioned the genuineness of the partnership due to the control exerted by one partner and the lack of active involvement of others. However, the tribunal ruled that the mere fact that one partner controlled the business did not negate the partnership if the essential conditions of profit-sharing and joint business operation were met.Furthermore, the judgment addressed the requirement of all partners to work in the firm. The representative argued that not all partners need to be actively involved in the business for the partnership to be genuine. The tribunal agreed, emphasizing that the presence of a dormant partner, as long as it does not invalidate the partnership deed, does not render the partnership ingenuine.Regarding the capital contribution and mention of a dormant partner in the partnership deed, the tribunal relied on legal precedents to establish that the presence of a dormant partner does not automatically invalidate the partnership. The tribunal emphasized that the partnership deed's effectiveness should be determined by the parties' intentions and not mere suspicion.In conclusion, the tribunal allowed the appeal, directing the Income Tax Officer to grant registration to the firm, as the partnership was deemed genuine based on the legal principles and precedents discussed during the proceedings.