Dissolution of Firm

ITR 1483 views 6 replies

Suppose a partnership firm was formed during September 2010 with 2 partners "X" and "Y". On 31/3/11 "Y" retired from partnership firm. Then under such circumstances, compulsory dissolution of firm takes place since 1 person cannot form partnership firm. However, Mr. X continues business on the business of partnership firm (using firm's bank account and furnishing firm's PAN card in all documents) and generate profits. Then, after few months on 1/7/11, Mr. X opens a proprietorship concern of same name and continues business as usual (Funishing his own PAN No. in all documents as reqd. by proprietorship concern).

 

I request you people to kindly analyse that upon which person will the tax liability for transactions conducted during 1/4/11 to 31/6/11 shall fall. And for P.Y. 11-12 which returns are required to be filed by Mr. X?

Replies (6)

The whole income for the 1st quater sholud be inclued in the income of MR. X as in his personal capacity..

not as an Partnership firm, bcoz at that time thier is no firm in extisence when the transaction happened.

Originally posted by : PRADEEP & SUDHIR JI

The whole income for the 1st quater sholud be inclued in the income of MR. X as in his personal capacity..

not as an Partnership firm, bcoz at that time thier is no firm in extisence when the transaction happened.

But transaction in the first quarter has been done in name of partnership firm....so there won't be any objections by Tax Dept. since firm is having flat rate of 30.9% whereas Individual enjoy slab benefits?

the firm will be assessed as if it were not dissolved for the transactions taken uptill its dissolution

Originally posted by : amit jain

the firm will be assessed as if it were not dissolved for the transactions taken uptill its dissolution

But as per relevant sections of IT Act, the firm automatically stands dissolved as soon as no. of partners fall below 2. It is very clearly specified in Explanation to Section 188 of Income Tax Act.

mrs X is Personely liable for that b'cas after retired of  "Y" the firm is Automatically dissolved and proprietorship is started in second quater so profit in first quater treated as profit of pre incorporaion

Dear Khusal

 

The income will be assed in indiviual capacity bcoz as soon as the number of partners reduced to the minimum limit then the firm will be treated as dissloved from the effcietive date.....

 

& the ITD has to follow this rule bcoz it is cleared cut said in the Act


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