TaxTMI 
TaxTMI 
1984 (9) TMI 110
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....n15th July 1977by six partners. Alok Kumar Sahrma minor was admitted to the benefits of the partnership with 12 per cent share. Alok Kumar Sharma did not contribute any capital nor did he render any services to the partnership. ITO examined three of the six partners of the assessee-firm, namely, Shahdev Kumar Dubey Ramnarain Dubety and Chironjilal Goyal. All the three partners stated that Alok Kum....
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....planation: For the purposes of this section and section 186, a firm shall not be regarded as a genuine firm if any partner of the firm was, in relation to the whole or any part of his share in the income or property of the firm, at any time during the previous year, a benamidar (b) of any person not being a partner of the firm, and any of the other partners knew or had reason to believe that th....
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.... not complied with the statutory provisions of explanation to s. 185(1). Registration is a benefit given to the assessee and the assessee had to strictly comply with the legal provisions for availing of the said benefit (Shri Rama Mohan Motor Service vs. CIT 1973 CTR (SC)) 247: (1973) 89 ITR 274 (SC). Thus, the assessee firm had to comply with the provisions of the aforesaid Explanation and had to....
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....id Ram Sharma had not been examined by the ITO. 6. Sec. 2(23) defines firm, partner and partnership having same meanings as assigned to them in the Indian Partnership Act but makes a departure by laying down that expression "partner" shall also include any person who, being a minor had been admitted to the benefits of the partnership. Thus the admission of a minor to the benefits of the partner....