Question
1:
In the
absence of Partnership Deed, what are the rules relation to :
(a) Salaries of partners,
(b) Interest on partners’ capitals,
(c) Interest on loan by partner,
(d) Division of profit,
(e) Interest on partners’ drawings
(f) Interest
on loan to partners?
Answer:
|
Items (Points) |
Provision in the Absence of Partnership Deed |
(a) |
Salaries of Partners |
No Salary will be allowed to Partners. |
(b) |
Interest on Partners’ Capitals |
No interest will be allowed to Partners on
Capital |
(c) |
Interest on Loan by Partners’ |
6% p.a. Interest will be allowed on the amount
given by |
(d) |
Division of Profit |
Profits will be shared equally, it is irrespective the |
(e) |
Interest on Partners’ Drawings |
No Interest will be charged on the Drawings of
Partners |
(F) |
Interest on loan to partner |
Not
charged from partner |
Question
2:
Mahesh, Ramesh and Suresh are partners in a firm. They do not have
a Partnership Deed. At the end of the first year of the commencement of the
firm, they have faced the following problems :
(a) Mahesh wants that interest on capital should be allowed to the partners but
Ramesh and Suresh do not agree.
(b) Ramesh wants that the partners should be allowed
to draw salary but Mahesh and Suresh do not agree.
(c) Mahesh and Ramesh want that Suresh should pay
interest on loan given to him by the firm but Suresh does not agree.
(d) Mahesh and Ramesh having contributed
larger amounts of capital, desire that the profits should be divided in the
ratio of their capital contribution but Suresh does not agree.
State how you will settle these dispute if the partners approach you for purpose.
Answer:
|
Disputes |
Possible Judgments |
(a) |
Mahesh wants that interest on capital should be allowed to
the partners but Ramesh and Suresh do not
agree. |
As per Partnership Act, no interest on Capital will be allowed. Reason: There is no partnership agreement
among Mahesh, Ramesh and Suresh regarding interest
on capital. |
(b) |
Ramesh wants that the partners should be
allowed to draw salary but Mahesh and Suresh do not agree. |
No salary will be allowed to any partner. Reason: There is no partnership
agreement. |
(c) |
Mahesh and Ramesh want that Suresh should pay interest on loan given
to him by the firm but Suresh does not agree. |
Interest on partner’s loan (Suresh’s loan) will be allowed at 6% p.a. Reason: As per Partnership Act, in the
absence of partnership agreement, interest on partners loan is allowed at 6%
p.a. |
(d) |
Mahesh and Ramesh having
contributed larger amounts of capital, desire that the profits should be
divided in the ratio of their capital contribution but Suresh does not agree. |
Profit will be shared
equally and not in the capital ratio. Reason: There is no partnership
agreement. |
Question
3:
Following differences have arisen
among P, Q and R. State who is correct in each case:
(a) P used ` 50,000 belonging to the firm and
made a profit of ` 5,000. Q and R want the amount to be given to the firm?
(b) Q used `10,000
belonging to the firm and suffered a loss of ` 1000. He wants the firm to bear the
loss?
(c) P and Q want to purchase goods from Star Ltd., R does not agree?
(d) Q and R want to admit W as partner, P does not agree?
(e) R had given loan of `2,00,000 to
firm and demands interest @10% p.a. P
and Q do not want to pay the interest.
Answer:
(a) P is
bound to pay ` 50,000 together with profit of ` 5,000 to the firm because this
amount belongs to the firm.
Explanation: As per
Principal and Agent relationship, P is principal as well as agent to the firm
and to Q and R. As per this rule, any profit earned by an agent (P) by using
the firm’s property is attributable to the firm.
(b) Q is
liable to pay ` 10,000 to the firm. As per the Partnership Act, 1932, every
partner of a partnership firm is liable to the firm for any loss caused by
his/her willful negligence.
Explanation: Here Q is
solely responsible for the loss of ` 1,000 because he used the property
of the firm and also represented himself as a principal rather than an agent to
the other partners and to the firm.
(c) P and Q
may buy goods from Star Ltd.
Explanation: As per Partnership Act, 1932, a
partner has a right to buy and sell goods without consulting the other partners
unless a Public Notice has been given by the partnership firm to restrict the
partners to buy and sell.
(d) W will
not be admitted because one of the partners P has not agreed to admit W. All
partners must be agreed.
Explanation: As per
Partnership Act, a new partner cannot be admitted into a firm unless all the
existing partners agree on the same decision. In other words, a new partner can
be admitted in a partnership firm with the consent of all the existing
partners.
(e) P,Q and R are not correct
Explanation: As per
Partnership Act, in the absence of partnership agreement, interest on partners loan is allowed at 6% p.a.
Question
4: Barun, Tarun and Shivam are partners in a firm and do not have a Partnership
Deed. Barun introduced further capital of `5,00,000 on 1st October,
2024. Whereas Shivam took a loan of
` 50,000 from
the firm on 1st October, 2024. Disputes have arisen among them on the
following issues:
(a) Barun
demands interest 10% p.a. on ` 5,00,000 being his extra capital.
(b) Tarun
desires that his son Deep should be admitted as partner and he will give him
half of his share Barun and Shivam
do not agree.
(c) Barun and Tarun are of the view that Shivam
should be charged interest on loan from the firm at
the lending rate of the banks, which is 12% p.a.
(d) Tarun has
withdrawn `50,000 from the firm for his personal use. Barun and Shivam are of the view thatTarun should be charged interest @ 10% p.a.
Give
solution to each issue of dispute.
Answer:
In the absence of Partnership Deed, the
provisions of Indian Partnership Act, 1932 will apply as follows;
(a) Interest will not be allowed on
extra capital introduced by Barun,
(b) Deep cannot be admitted as Barun and Shivam don't agree, no
partner has right to admit any one as a partner,
(c) Interest will not be charged from Shivam as rate of interest was not agreed.
(d) Interest on drawings will not be
charged on Tarun’s drawings.
Question
5:
Harshad and
Dhiman are in partnership since 1st April, 2024. No
partnership agreement was made. They contributed `
4,00,000 and ` 1,00,000 respectively as capital. In
addition, Harshad advanced an amount of `
1,00,000 to the firm on 1st October, 2024. Due to long illness, Harshad could not participate in business activities from
1st August, 2024 to 30th September, 2024. Profit for the year ended 31st
March, 2025 was `
1,80,000. Dispute has arisen between Harshad and Dhiman.
HarshadClaims :
(i) He should be given interest @ 10% per annum on
capital and loan;
(ii) Profit should be distributed in the ratio of capital;
Dhiman Claims :
(i) Profit should be distributed equally;
(ii) He should be allowed ` 2,000 p.m. as remuneration for the
period he managed the business in the absence of Harshad;
(iii) Interest on Capital and loan should be allowed @ 6% p.a.
You are required to settle the dispute between Harshad
and Dhiman. Also prepare Profit and Loss
Appropriation Account.
Answer:
DISTRIBUTION
OF PROFITS
Harshad Claims:
Decisions
(i) If there is no agreement on interest on partner’s
capital, according to Indian partnership act 1932, no interest will be allowed
to partners.
(ii) If there is no agreement on the matter of profit sharing, according to
partnership act 1932, profit shall be distributed equally.
Dhiman Claims:
Decisions
(i) Dhiman claim is
justified, according partnership act 1932 if there is no agreement on the
matter of profit distribution, profit shall be distributed equally.
(ii) No salary will be allowed to any partner because there is no agreement on
matter of remuneration.
(iii) Dhiman’s claim is not justified on the matter
of interest on capital but justified on the matter of interest on loan. If
there is no agreement on interest on partner’s loan, Interest shall be provided
at 6% p.a.
Profit and Loss Account |
|||||
Dr. |
for the
year ended 31st March, 2025 |
Cr. |
|||
Particulars |
(`) |
Particulars |
(`) |
||
Interest on Partner’s Loan |
|
Profit and Loss A/c |
1,80,000 |
||
Harshad 1,00,000 × (6/100) × (6/12) |
3,000 |
|
|
||
Profit and Loss Appropriation A/c |
1,77,000 |
|
|
||
|
1,80,000 |
|
1,80,000 |
||
|
|
|
|
||
Profit and Loss Appropriation
Account |
|||||
Dr. |
for the
year ended 31st March, 2025 |
Cr. |
|||
Particulars |
(`) |
Particulars |
(`) |
||
Profit transferred to |
|
Profit and Loss A/c |
1,77,000 |
||
Harshad’s Capital |
88,500 |
|
|
||
Dhiman’s Capital |
88,500 |
|
|
||
|
|
|
|
||
|
1,77,000 |
|
1,77,000 |
||
|
|
|
|
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