1962 (9) TMI 107

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....adras Bench, under section 66(1) of the Indian-tax Act, 1922. The assessment year concerned is 1958-59 and the accounting period 1132 M. E. 2. The assessee was one of the partners of a firm consisting of himself, his two minor daughters, Rajeswari and Mayadevi, Balakrishna Reddiar, the husband of Rajeswari, and Tiruvengada Reddiar, the husband of Mayadevi. The contention of the assessee which h....

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....y or indirectly - (i) from the membership of the wife in a firm of which here husband is a partner; (ii) from the admission of the minor to the benefits of partnership in a firm of which such individual is a partner; (iii) from assets transferred directly or indirectly to the wife by the husband otherwise than for adequate consideration or in connection with an agreement....

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....according to the law to which the person is subject, and that a minor can only be admitted to the benefits of a partnership. Sub-section (1) of section 30 of that Act says : "30. (1) A person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partner for the time being, he may be admitted to the benefits of partnersh....

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....ome Tax in India, 8th edition, page 679). According to section 2(6B) of the Indian Income Tax Act, 1922, the expressions "firm", "partner" and "partnership" when used in that Act will have - unless there is anything repugnant in the subject or context - "the same meaning respectively as in the Indian Partnership Act, 1932 (IX) of 1932) : Provided that the expression partner includes any person ....