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Case Law Details

Case Name : Madhu Rani Mehra Vs. CIT (Delhi High Court)
Appeal Number : ITR No. 541/1992
Date of Judgement/Order : 21/03/2011
Related Assessment Year :
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When a partnership firm is dissolved and the erstwhile partner receives stock, it is a capital asset in his hands. When that asset is introduced into a business as stock, it gets converted into stock-in-trade. The value of this stock will have to be the market value on the date of introduction. The Tribunal’s reasoning that the assessee cannot value the stock introduced in the business at market value because that was not the price she paid for it is flawed because if the assessee on having received her distributed share of stock of jewellery from the dissolved firm had sold it, and thereafter commenced her proprietorship business of jewellery again; within short span; by buying the jewellery from the market from the proceeds of stock sold on dissolution of the erstwhile firms, the stock of the proprietorship concern would without doubt be valued at market value. The same principle would apply if the assessee used her share of the stock obtained from the dissolved firm in the new business.

Madhu Rani Mehra Vs. CIT (Delhi High Court)

ITR No. 541/1992

ORDER

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