1980 (10) TMI 116

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CED (A). The facts are that Smt. Lata Nawlkha was a partner in the firm M/s Nawlkha Gems having 20 per cent share, died on 11th Jan., 1978. She had retired from the firm M/s Nawlkha Gems on Dewali, 1977. She was also a partner in another firm Vineet Trading Corporation having 50 per cent share. That firm was dissolved on 29th March, 1977. Thus, her partnership came to an end in both the firms befo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....goodwill in the two firms and the lady was entitled to her share of goodwill at the time of her retirement from the firms. The retirement being within two years from the death of the lady, the provisions of s. 9 of the Act will be attracted and the Asstt. Contr. was justified to include the share of goodwill in the computation of the principal value of the estate." 2. This is how the Accountabl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was a clear case of a simultaneous taking of rights and obligations; the benefit secured by each group was supported by consideration, namely, giving up of its claim. He added that the deceased had given up share in the assets but had been relieved of her share in the liabilities. Similarly, the continuing partners, Shri Ranka says, had secured deceased's share in the assets but they had at the sa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and liabilities of the dissolved firm and, therefore, it can't be said that the deceased alone had given up anything in the favour of others. We quite agree with the submissions of Shri Ranka. So far as the firm M/s Nawlkha Gems is concerned, we are of the view that the case is fully covered by the decision of Bombay High Court in the case of Smt. Urmila 122 ITR 958. We have carefully gone throug....