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april 1973

Supreme Court of India · 1973-04-11

SRI RAMAMOHAN MOTOR SERVICE vs COMMISSIONER OF INCOME-TAX, HYDERABAD

Citation / case number
SC 1970/60234
Court
Supreme Court of India
Petitioner
SRI RAMAMOHAN MOTOR SERVICE
Respondent
COMMISSIONER OF INCOME-TAX, HYDERABAD
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the application for registration of the firm under Section 26A of the Income-tax Act, 1922 was invalid as the partnership deed was void under Section 30 of the Indian Partnership Act, 1932 due to the inclusion of a minor as a partner without proper admission to the benefits of the partnership. The Court emphasized that the partnership deed was not registered under the Indian Registration Act, and the subsequent alterations made after the application deadline could not validate the registration. Consequently, the Court upheld the decision of the Tribunal and the High Court, affirming the refusal of registration and renewal of the firm.

SRI RAMAMOHAN MOTOR SERVICE vs COMMISSIONER OF INCOME-TAX, HYDERABAD · Niyam