The difference in the constitution has happened because of a partner coming in or another going out or change in the share of the partners. Under the section 185 and section 187 firm continues to be the same as before in the eye of law, but there is a change in the constitution of the firm or in a share of partners. The section 8 registration provides that where a change has taken place in the constitution of a firm or in the shares of the partners in the year. The firm is required to furnish a certified copy of the revised deed along with the return of the income for the estimate relevant year.
The revolution in the constitution of a firm provides that one or more partners fail the firm the aged partner continues as a partner. If all the old partners quit the firm and the new partners enters in, it does not affect the change in firm registration. Where a firm is disappearing with the death of any of the partners in the firm is not being regarded as a case of change in the constitution of the firm. A variation in the share of one or more partners but all the partners remains the same, it introduces a change in the name of trust registration. An modification in the nature of a firm commonly and regularly would mean every modification in the set up of the registration in Chennai.
There is only one assessment in respect of the entire previous year in which a change has occurred in the structure of the partnership firm registration.The assessment is made on the firm as continued at the time of assessment. The profit of a firm’s pre-change and post-change are allocated between the old and the new partners who in the previous year were designated to receive the same registration.
Once the company registration is registered each partners share its profits is taxed in his hands. If the company is not registered the tax is payable by it on its income, each partner’s share of such profits is to be included in his total income for rate direction in Chennai. If the tax fixed upon any partner cannot recover from him, it is recovered from the firm as continued at the time of making the judgment.
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