1992 (10) TMI 6

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....ions are referred under section 64(1) of the Estate Duty Act, 1953, to this court at the behest of the accountable person : "(1) Whether the firm, 'Messrs. J. M. Thakar and/or C. J. Thakar and/or P. D. Thakar Advocates' had any goodwill? (2) Whether any goodwill passed on the death of late Shri J. M. Thakar?" The basic facts are : The late Shri J. M. Thakar, Advocate, died on March 31,....

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.... J. M. Thakar and/or C. J. Thakar, Advocates". When Shri P. D. Thakar, Advocate, joined the firm, it was again reconstituted and styled as "Messrs. J. M. Thakar and/or C. J. Thakar and/or P. D. Thakar, Advocates". This firm stood dissolved upon the death of Shri J. M. Thakar on March 31, 1971. An altogether new firm "Messrs. C. J. Thakar and/or P. D. Thakar, Advocates" was, thereafter, constituted....

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....istory would indicate that the firm never had any fixed trade name. The name of the firm always changed with the joining and retirement of a partner. There was no express agreement between the partners about any asset of the firm capable of being sold or valued as goodwill of the firm. It is nobody's case that there existed any special features like location of office premises in important localit....