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april 1965

Supreme Court of India · 1965-04-15

COMMISSIONER OF INCOME-TAX, BANGALORE vs SHAH MOHANDAS SADHURAM

Citation / case number
SC 1964/90394
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, BANGALORE
Respondent
SHAH MOHANDAS SADHURAM
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 26A of the Indian Income Tax Act, a partnership deed that does not make minors full partners can still be valid, as a guardian can contract on behalf of a minor to confer benefits. The Court found that the partnership deed in question only conferred benefits to the minors without making them full partners, thus allowing the firm to be registered. The High Court's decision in favor of the assessee was upheld, affirming the validity of the partnership deed.

COMMISSIONER OF INCOME-TAX, BANGALORE vs SHAH MOHANDAS SADHURAM · Niyam