Mahul Constructoin Corporation, Mumbai vs. ITO 24(1)(1), Mumbai
In the result, the appeal of assessee is allowed
ITA 2784/MUM/2017[2009-10]Status: DisposedITAT Mumbai24 Nov 2017AY 2009-10
Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Mahul Construction Income Tax Officer, Corporation Ward 31(2)(3), M/S Thar & Co. Chartered Room No. 704, C-11, Accountants, Pratyaksh Kar Bhavan, Vs. 203, Capri, Opp. Hdil Tower, Bnadra Kurla Complex, Anant Kanekar Mar, Bandra Bandra (East), (East), Mumbai-400 051 Mumbai-400 051 Appellant .. Respondent Pan No. Aamfm5810E
For Appellant: K. Shivaram &For Respondent: Jacinta zimik Vashai, DR
Section 143(3)Section 2(14)Section 45(4)
…y note that the partnership was subsisting and an asset of the partnership was made the absolute ownership of one of the subsisting partners." 18. We find that this judgment came up for consideration before the apex Court in B. T. Patil & Sons vs. CGT [2001] 247 ITR 588 (SC), upholding the judgment of the Karnataka High Court. The apex court observed as under: “ In our view, when there is dissolution of a partnership or a partner retires and obtains in lieu of his interest in the "firm, an asset of the firm, no transfer is involved... But the position is different when, during I/ic subsistence of a partnership,…