"Registration of partnership firm under the Income-tax Law is distinct from the registration of firm under Indian Partnership Act, 1932." Explain.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
"Registration of partnership firm under the Income-tax Law is distinct from the registration of firm under Indian Partnership Act, 1932." Explain.

Answer & Explanation:

Registration of partnership firm has been made optional under the provisions of Section 58 of the Indian Partnership Act, 1932. Consequences of non-registration of a partnership firm are set out in Section 69 of the Partnership Act, 1932. An unregistered firm cannot enforce a right or claim arising out of a contract against any third party. However, if the firm obtains registration on the date of institution of the claim against third person, the said claim or right would be perfectly maintainable. Since the blow of the consequences of non-registration is very severe. Registration of partnership under the Income-tax Law is distinct from registration of firm under the Partnership Act. Rule 22 of Income-tax Rules, 1962 provides that an application for registration of partnership firm should be accompanied with an instrument of partnership specifying the apportionment of shares of profit and losses of the business amongst the partners of the firm. This registration is required to be renewed every year under the orders of the concerned Income-tax Officer.

Topics: Partnership Law

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