Partnership act,1932

rahul (Querist) 25 April 2012 This query is : Resolved
can two Partnership firm having same partners be treated as single partnership firm in the eyes of law? is there any case law regarding this?

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ajay sethi (Expert) 25 April 2012
for excise purposes yes

M.Sheik Mohammed Ali (Expert) 25 April 2012
you could not run as partnership firm.

Devajyoti Barman (Expert) 25 April 2012
No
Partnership firms are not legal person and hence it could not form another firm among itself.

prabhakar singh (Expert) 25 April 2012
No is the answer to your question.

Partnership firms are NOT artificial juristic persons as are companies
incorporated under company law.

Raj Kumar Makkad (Expert) 26 April 2012
Only a single partnership firm is sufficient and it can cover entire business.

Anirudh (Expert) 26 April 2012
Dear Mr. Rahul,
You have asked a very abstract question without giving appropriate background and without giving the context in which you are asking this question.

Naturally, you are getting the answers, which may or may not appropriately answer your real problem.

Therefore, in case if you really desire to get some useful answers, better give the complete facts of the matter and ask the question.

R.RAJENDRAN (Expert) 26 April 2012
Two partner-ship firms can not be treated as single partner ship firm, provided the share holding pattern of the partners in both firms are not identical.

B.Chakrapani Warrier (Expert) 27 April 2012
Whether two partnership firms with same partner's is one firm or two firm's is a vexed issue since Supreme Court in its land mark case in Deputy Commissioner of Sales Tax(Law) Vs K. Kelukutty reported in 155 ITR 158 also didn't give a concrete opinion.

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