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

october 1991

Supreme Court of India · 1991-10-24

CHANDRAKANT MANILAL SHAH AND ANR. vs COMMISSIONER OF INCOME TAX, BOMBAY-II

Citation / case number
SC 1976/60961
Court
Supreme Court of India
Petitioner
CHANDRAKANT MANILAL SHAH AND ANR.
Respondent
COMMISSIONER OF INCOME TAX, BOMBAY-II
Author
N.D. OJHA
Bench
N.D. OJHA

Judgment text excerpt

The Supreme Court held that a partnership can be valid even if one coparcener contributes only skill and labour without any cash assets, as per Section 26A and 66(1) of the Indian Income Tax Act, 1922, and Section 4(57) of the Indian Partnership Act, 1932. The Court emphasized that contributions of skill and labour are valid forms of property, thus fulfilling the requirements for a partnership. The appeal was allowed, overturning the lower courts' decisions that had dismissed the partnership's validity.

CHANDRAKANT MANILAL SHAH AND ANR. vs COMMISSIONER OF INCOME TAX, BOMBAY-II · Niyam