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Urgent querry about partnership property

CA Yogita Harjani (CA CS) (81 Points)

11 October 2011

Kindly share your knowledge regarding :-

· Whether it is true that

“Property of the partnership firm cannot be deemed as property of the partners. They are two separate things” ?

· Which section or case laws relate to it?

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3 Replies

CA Yogita Harjani (CA CS) (81 Points)
Replied 11 October 2011

Section 14 in The Indian Partnership Act, 1932

The property of the firm. Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the business. Unless the contrary intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.

This is all I know but I am not sure whether Section 14 (as below) proves any relevance.

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ROHIT CHATURVEDI (CA Final Student ) (2298 Points)
Replied 11 October 2011

Partnership Firm is not a legal entity - It may be surprising but true that a Partnership Firm is not a legal entity. It has limited identity for purpose of tax law. As per section 4 of Indian Partnership Act, 1932, 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any one of them acting for all. - - Under partnership law, a partnership firm is not a legal entity, but only consists of individual partners for the time being. It is not a distinct legal entity apart from the partners constituting it -Malabar Fisheries Co. v. CIT (1979) 120 ITR 49 = 2 Taxman 409 (SC).

FIRM LEGAL ENTITY FOR PURPOSE OF TAXATION - For tax law, income-tax as well as sales tax, partnership firm is a legal entity - State of Punjab v. Jullender Vegetables Syndicate - 1966 (17) STC 326 (SC) * CIT v. A W Figgies - AIR 1953 SC 455 * CIT v. G Parthasarthy Naidu (1999) 236 ITR 350 = 104 Taxman 197 (SC). Though a partnership firm is not a juristic person, Civil Procedure Code enables the partners of a partnership firm to sue or to be sued in the name of the firm. - Ashok Transport Agency v. Awadhesh Kumar 1998(5) SCALE 730 (SC). [A partnership firm can sue only if it is registered].