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Discussion > Taxpayers >

Can HUF become partner

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Partner


[ Scorecard : 27]
Posted On 05 May 2010 at 19:10 Report Abuse

Can a HUF become partner and  can the firm then open a bank account and alos avail bank loan?


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Nitin Singhal
Gaining knowledge...


[ Scorecard : 315]
Posted On 05 May 2010 at 19:56

Yes firm can open a bank account. If you are a partner, as written in your status, then your firm also must be having a bank account in its own name for day to day dealings.

The Following is the text of section 4 and 5 of Indian Partnership Act:

 

 

4. DEFINITION OF "PARTNERSHIP", "PARTNER", "FIRM" AND "FIRM-NAME".

"Partnership" is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.

 Persons who have entered into partnership with one another are called individually, "partners" and collectively "a firm", and the name under which their business is carried on is called the "firm-name". 

 

5. PARTNERSHIP NOT CREATED BY STATUS.

The relation of partnership arises from contract and not from status; and, in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying on business as such are not partners in such business.

 

By looking at scetion 4 it appears that the inmtention of law is to include individuals only (as shown by coloured text) and not any other person whether incorporated or not. Because if artificial persons were to be inculded then the word Individually would not have been used.  

Moreover, in section  5 it is stated that partnership arises from contract (refer to coloured text) and since HUF is not capable of entering into into contract in its own name it cannot become member of a firm.

 

 





CA SURENDRA KUMAR RAKHECHA
Practising CA at Surat


[ Scorecard : 25473]
Posted On 06 May 2010 at 10:23

Supreme Court has established that an HUF cannot become a partner in a firm because it is a fluctuating body i.e. number of member increase and/or decrease according to birth and death of members.

 

It is represented by its partners and it is not having distinct legal status.

 

Even though it is represented by Karta; still Karta in his individual capacity is partner and there is understanding between its member and Karta that he will represent family. 




Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 103683]
Posted On 06 May 2010 at 11:55

Agree with the analysis of Nitin Ji.


HUF cannot become member of a partnership firm due to its incapability of entering into the contracts.

Further there is no doubt in the fact that a Partnership firm can open its bank account to operate its day to day affairs.


Best Regards



Total thanks : 1 times



Member (Account Deleted)


[ Scorecard : 347]
Posted On 06 May 2010 at 13:00

 

No it can do so only through its katra.

HUF arises only from status.

CIT v. Seth Govindram sugar Mills (1965) 57 ITR 510 (SC).


Further there is no doubt in the fact that a Partnership firm can open its bank account to operate its day to day affairs.(Source : Ankur Garg)
 
Regards
K.Ilayaraja.



pawan
manager


[ Scorecard : 38]
Posted On 06 May 2010 at 17:54

YES, HUF CAN BECOME PARTNER IN A FIRM. BUT AS PER SOME RBI GUIDELINES , BANKS DO NOT ACCEPT GUARANTEE OF HUF PARTNER WHILE PROVIDING LOANS / CREDIT LIMITS TO SUCH FIRMS AND REQUIRE THE FIRMS TO REMOVE HUF PARTNER FROM PARTNERSHIP BEFORE PROVIDING LOANS / CREDIT LIMITS .



Ankur Shah
Law Manipulator


[ Scorecard : 2657]
Posted On 21 March 2012 at 19:16

 

Everything above said is TOTALLY WRONG.

-      HUF can enter into Contracts.

-      Just because the number of Members, Increases/Decreases in the HUF, that doesn’t mean, HUF does not have stability (Note: In case of Companies, No. of Members also Increases/reduces).

 

The Answer is Yes, Yes and Yes, HUF can become the Partner in the Partnership Firm. Here is the some of the ignored case Laws on the HUF Status.

 

 

REPRESENTATIVE OF HUF IN A PARTNERSHIP FIRM:

 

An HUF can become a partner in a firm. The Karta or a member of the HUF can represent the HUF in a firm. A female member can also represent HUF in a partnership firm, CIT v. Banaik Industries 119 ITR 282 (Pat.)

 

REMUNERATION TO KARTA OR MEMBER FROM FIRM:

 

Where remuneration was received by a member of HUF from a firm, where he was partner on behalf of HUF for managing firms business such remuneration was his individual income, CIT v. G. V. Dhakappa 72 ITR 192 (SC); Premnath v. CIT 78 ITR 319 (SC).

 

However, income received by a member of HUF from a firm or company is taxable as the income of the HUF, if it is earned detriment to or with the aid of family funds, otherwise it is taxable as the separate income of the member, P.N. Krishna v. CIT 73 ITR 539 (SC).

 

HUF AND FIRM:

 

Members of HUF can constitute Partnership without effecting a partition or without disturbing the status of joint family. Ratanchand Darbarilal v. CIT 15 ITR 720 (SC).

 

Best Regards,

Ankur Shah

M: 94276 33901

E: ankur @ csankur.in

W: www.csankur.in



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