| COURT: | ITAT Pune |
| CORAM: | G. S. Pannu (AM), R. S. Padvekar (JM) |
| SECTION(S): | 54EC, s. 14 of partnership Act |
| GENRE: | Domestic Tax |
| CATCH WORDS: | capital gains, Partnership |
| COUNSEL: | Nikhil Pathak, Sunil Pathak |
| DATE: | January 30, 2015 (Date of pronouncement) |
| DATE: | February 9, 2015 (Date of publication) |
| AY: | 2008-09 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Property introduced by a partner into firm becomes the asset of the firm even if there is no registered deed. Though the asset is held by the firm as a depreciable asset and though the investment in s. 54EC bonds is made in the names of the partners, the firm is eligible for s. 54EC exemption | |
Under s. 239 of the Indian Contract Act and s. 14 of the Indian Partnership Act, for the purpose of bringing the separate properties of a partner into the stock of the firm it is not necessary to have recourse to any written document at all, that as soon as a partner intends that his separate properties should become partnership properties and they are treated as such, then by virtue of the provisions of the Contract Act and the Partnership Act, the properties become the properties of the firm and that this result is not prohibited by any provision in the Transfer of Property Act or the Indian Registration Act
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