Practising CA at Surat
26263 Points
Joined November 2009
In Income Tax Act, it is considered as a Person u/s 2(31) and it is also assessed as such.
For the purpose of other acts; it is not a separate legal entity hence all the partners are personally liable to the acts of the partnership.
Even in the Income-Tax Act, the if the firm does not pay the tax liabilities then all the partners are jointly and severally liable to pay the tax liabilities.
From practical angles; a partnership registered with ROF can sue other parties in its own name. Here also it does not mean that it is a separate legal entity. The provisions have been made in the enactment to facilitate the legal action and rights rather than approving it as a separate legal entity.
An HUF cannot enter into partnership (even represented by Karta) as is now well settled (supra by one learned member).
So if query is restricted to Firm for Income-Tax purpose; it is a person because it is an assessable distinctly from its partners.