Persons count in partnership: firms exceeding permitted membership including minors treated as illegal and taxed as association of persons. A minor admitted to the benefits of a partnership must be counted as a 'person' for statutory limits; if the total number of persons thus exceeds the permitted limit under the Companies Act restriction, the partnership is illegal and should be assessed for income-tax purposes as an association of persons.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Persons count in partnership: firms exceeding permitted membership including minors treated as illegal and taxed as association of persons.
A minor admitted to the benefits of a partnership must be counted as a "person" for statutory limits; if the total number of persons thus exceeds the permitted limit under the Companies Act restriction, the partnership is illegal and should be assessed for income-tax purposes as an association of persons.
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