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Commissioner Of Income-Tax, Nagpur vs Hirani Construction Co. on 8 March, 1964 cites

Jadhavji Narsidas And Co. vs The Commissioner Of Income-Tax, Bombay ... on 23 October, 1958

"The assessee's claim before us is that he should be entitled to a set-off of the loss of Rs. 27,000 determined as his share of loss in the partnership against his share of other business. Reliance is placed upon the ruling of the Bombay High Court in the case of Jadavji Narsidas & Co. v. Commissioner of Income-tax. In the case before their Lordships the assessee was a registered firm. In the year under consideration a sum of Rs. 1,05.641 was claimed by the assessee as a loss arising to it in a joint venture with one D. The partnership between the assessee and D was an unregistered firm and was not assessed as a firm. Their Lordship held that there was neither any principle nor any provision of law which barred an assessee, whether an individual or firm, from claiming a set-off in respect of his share or its share of loss in an unregistered firm simply on the ground that the latter has not been brought to tax. It was accordingly held that the assessee was entitled to claim a set-off of his share of loss from an unregistered firm against his other income even though the latter has not been brought to tax.
Bombay High Court Cites 13 - Cited by 11 - Full Document

Dulichand Lakshminarayan vs The Commissioner Of Income-Tax,Nagpur on 17 February, 1956

"To begin with, the assessee-firm as a firm could not enter into a partnership with Damji. Damaji could be admitted into the assessee-firm or the members of the assessee firm could enter into a partnership with Damji in their individual capacity. The assessee-firm however could not do so as a firm. This has held by this court in Dulichand Laxminarayan v. Commissioner of Income-tax. There was thus a partnership between Damji and the four members of the assessee-firm acting for themselves and indeed the deed which has been produced in this case shows as much. In the affairs of the unregistered firm, the assessee-firm had no locus standi."
Supreme Court of India Cites 22 - Cited by 220 - N H Bhagwati - Full Document
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