Sharing in losses governs need for a fresh partnership deed; registration continues if the new partner does not assume loss liability. A fresh partnership deed is required only if the partner who attains majority expressly agrees to share in losses; otherwise the original deed remains valid even if losses are borne by some partners. The assessing officer must obtain an affidavit or sworn statement from the partner who attained majority confirming he does not share losses and that profit and loss shares remain unchanged before allowing continuance of registration.
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.
Sharing in losses governs need for a fresh partnership deed; registration continues if the new partner does not assume loss liability.
A fresh partnership deed is required only if the partner who attains majority expressly agrees to share in losses; otherwise the original deed remains valid even if losses are borne by some partners. The assessing officer must obtain an affidavit or sworn statement from the partner who attained majority confirming he does not share losses and that profit and loss shares remain unchanged before allowing continuance of registration.
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