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Common Partner in Partnership & Proprietorship Concern not Relative under Companies Act
Case Law Details
- Case Name
- Asha Industries Vs C.C.E. & S.T. (CESTAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Ahmedabad
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Asha Industries Vs C.C.E. & S.T. (CESTAT Ahmedabad)
Partnership Firm and proprietorship concern having one common partner as individual could not be defined as relative u/s 2(41) of Companies Act
Conclusion: A proprietorship firm and the partnership firm even though the said proprietor was one of the partner in the partnership firm, both could not be a related person under section 2(41) of the Companies Act,1956. Moreover, the department was kept informed about the partners and proprietor of manufacturer assessee as well as the dealer, however, department had not taken a...
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