01 April 2015
Kindly refer to section 4 of the Partnership Act 1932 which provides that 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. The term person' as used in Section 4 does not include a firm. This is because a firm is not a separate legal entity. Hence two partnership firms cannot enter into partnership, though all the partner of the two firms may form a new partnership out of their separate firms provided their number does not exceeds the mandatory number. ( Case law: Duli Chand etc. Comm. of Income Tax, AIR (1956) Sc, 354)
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