1990 (12) TMI 182 - AT - Income Tax

Tribunal upholds refusal of registration to appellant-firm due to lack of genuine partnership

The Tribunal upheld the decision to refuse registration to the appellant-firm, as it found that no genuine and valid partnership existed based on the deed ... A Partner, Firm Consisting, In Part, Partnership Deed, Partnership Firm Issues Involved:1. Refusal of registration to the appellant-firm under section 185(1)(b) of the Income-tax Act, 1961.2. Validity and genuineness of the partnership constituted by the deed dated 27-3-1981.3. Interpretation of the Will dated 26-11-1980 and the status of Smt. M.K. Rajalakshmi as a partner.Detailed Analysis:1. Refusal of Registration Under Section 185(1)(b):The primary issue was whether the departmental authorities were justified in refusing registration to the appellant-firm for the assessment year 1982-83. The appellant-firm applied for registration under section 185(1)(a) of the Income-tax Act for the assessment year 1981-82, which was refused. No appeal was filed against this refusal. For the assessment year 1982-83, the assessee filed an application for registration, which was again refused by the Income-tax Officer. The refusal was based on the conclusion that Smt. M.K. Rajalakshmi was only a benami of her minor son Santhanakrishnan, and as there was only one partner, no valid partnership existed.2. Validity and Genuineness of the Partnership:The Tribunal examined whether a genuine and valid partnership had been constituted by the deed dated 27-3-1981. The partnership deed indicated that Smt. M.K. Rajalakshmi was taken as a partner holding the interest for the benefit of her minor son Santhanakrishnan. The Tribunal noted that for a valid partnership under the Indian Partnership Act, there must be at least two major or adult partners before a minor can be admitted to the benefits of the partnership. Since Smt. M.K. Rajalakshmi was representing her minor son as his guardian and was not liable for any losses, the Tribunal concluded that no genuine and valid partnership had come into existence.3. Interpretation of the Will and Status of Smt. M.K. Rajalakshmi:The Tribunal analyzed the Will dated 26-11-1980, which bequeathed the capital and interest in the partnership firm to minor Santhanakrishnan, appointing Smt. M.K. Rajalakshmi as his guardian. The Tribunal rejected the appellant's contention that Smt. Rajalakshmi should be regarded as a trustee and not as a guardian. The Will explicitly stated that she was appointed as the guardian. The Tribunal referred to legal authorities and precedents, including the Supreme Court's decision in CIT v. Shah Mohandas Sadhuram, which held that a minor cannot create a partnership and must be admitted to an existing partnership. The Tribunal concluded that Smt. Rajalakshmi's position as a guardian did not fulfill the requirements of a valid partnership under the Partnership Act.Conclusion:The Tribunal upheld the departmental authorities' decision to refuse registration to the appellant-firm, concluding that no genuine and valid partnership had been constituted by the deed dated 27-3-1981. The appeal was dismissed on the grounds that the partnership did not meet the legal requirements under the Indian Partnership Act and the Income-tax Act, 1961.