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november 1964

Supreme Court of India · 1964-11-04

COMMISSIONER OF INCOME-TAX, MADRAS vs BAGYALAKSHMI & CO., UDAMALPET

Citation / case number
SC 1963/294
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, MADRAS
Respondent
BAGYALAKSHMI & CO., UDAMALPET
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 26A of the Indian Income-tax Act, 1922, a partnership deed does not need to reflect the correct shares of partners as per a partition deed to be registerable. The Court emphasized that a partnership contract primarily governs the rights and liabilities of partners, irrespective of their obligations to third parties regarding profit shares. The High Court's decision favoring the assessee was upheld, allowing the registration of the partnership for the assessment years in question.

COMMISSIONER OF INCOME-TAX, MADRAS vs BAGYALAKSHMI & CO., UDAMALPET · Niyam