Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1964

Supreme Court of India · 1964-11-04

COMMISSIONER OF INCOME-TAX, AHMEDABAD vs A. ABDUL RAHIM & CO., BARODA

Citation / case number
SC 1963/295
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, AHMEDABAD
Respondent
A. ABDUL RAHIM & CO., BARODA
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court ruled that under Section 26A of the Income Tax Act, 1922, a partnership cannot be denied registration solely because one partner is a benamidar. The Court held that if the partnership is deemed genuine and valid, the presence of a benamidar does not invalidate the partnership agreement. The beneficial interest of the benamidar is relevant for assessment but not for registration purposes. The appeal was dismissed, affirming the lower courts' decisions that the partnership was valid despite the benamidar's involvement.

COMMISSIONER OF INCOME-TAX, AHMEDABAD vs A. ABDUL RAHIM & CO., BARODA · Niyam