Can HUF become partner in partnership firm with the same rights and responsibilities as a individual become partner?
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Quick Summary
A Hindu Undivided Family (HUF) cannot directly become a partner in a partnership firm as only individuals can enter into such agreements. However, an HUF can participate through its Karta, who acts on its behalf. While the Karta has the same rights and responsibilities as any other partner, salary received by the Karta for the HUF is taxable in the Karta's hands, and interest on capital is taxable in the hands of the HUF itself.
The Hon’ble Supreme Court in Ram Laxman Sugar Mills vs. CIT [1967] 66 ITR 613 observed that a HUF is undoubtedly a Person with in the meaning of section 2(31), it is however not a juristic person for all purposes and cannot enter in to an agreement of partnership either with another HUF or Individual.
An HUF can become a partner in a firm through its Karta. Salary to HUF as a partner shall be taxable in the hands of Karta. Interest on capital shall be taxable in the hands of HUF.
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