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Can same partners form another firm

Indudhar (Tax Advocate) (427 Points)

15 June 2009

friends,

Can the same partners of the firm, form another firm with same partners at the same place with the same nature of business..

please guide me..

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Anumanchipalli Sathikonda (Tax Consultant) (1559 Points)
Replied 15 June 2009

Dear Indudhar

Though same partners can form another firm with the same constitution and at the same place there will be no additional benefit to the two firms as the Income-tax Department treats the both firms as one firm and the income of both the firms will be clubbed. Many courts have decided the matter in favour of the Revenue. Please refer the following cases

Vissoni Son & Co., Vs.CIT

(1946) 14ITR272 (B0m)

Dy.CST(Law), Board of Revenu (Taxes) Vs.Kelunkutty

(1985) 155 ITR 158 (SC)

CIT Vs. G.Partha Sharthy Naid & Co., & Ors.

(1999)236 ITR 350 (SC)

With Best Wishes

Sincerely Yours

Sathikonda

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Shivangi (Trainee) (39 Points)
Replied 15 June 2009

Hi Indudhar,

I believe,

Same partners can form another Partnership firm with the same constitution and at the same place but the nature of business can not be same. According to the partnership firm the partners (individual) of the firm cant indulge in the business with the same nature against the permission of the firm. moreover they (partner) need to disclose the profit earned with that business to the firm

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