1984 (4) TMI 82

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....n. During this year he converted it into a partnership concern by admitting two of his major sons as partners as per the partnership deed executed on 4-11-1975 giving each of them 15 per cent share. They have been taken as working partners. It appears each of them have contributed a capital of Rs. 5,000. The GTO held that there is an element of gift to the extent of 30 per cent in favour of the in....

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.... 1958 ('the Act'). The learned departmental representative submitted that by taking the two sons, the assessee has gifted to the extent of 30 per cent and so, there was gift. Thus, the assessment made is valid. 3. We have considered the rival submissions. The proprietary business of the assessee has been converted into a partnership one. He took his two sons as partners giving 15 per cent share....

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.... given enhanced share of profits, the actual consideration being that the partner was supposed to work and earn profits. In this decision two earlier decisions of that Court in CGT v. Smt. Lalita B. Shah [1979] 118 ITR 794 and CGT v. Nagji Dullabhji [1979] 118 ITR 804 were followed. In D.C. Shah v. CGT [1982] 134 ITR 492 the Karnataka High Court, on the facts of that case held that there was a ....