Q.Harshad and Dhiman are in partnership since April 01, 2019. No Partnership agreement was made. They contributed Rs. 4,00,000 and 1,00,000 respectively as capital. In addition, Harshad advanced an amount of Rs. 1,00,000 to the firm, on October 01, 2019. Due to long illness, Harshad could not participate in business activities from August 1, to September 30, 2016. The profits for the year ended March 31, 2020 amounted to Rs. 1,80,000. Dispute has arisen between Harshad and Dhiman. Harshad Claims:
There is no partnership deed, so the Indian Partnership Act, 1932 applies: no interest on capital, no partner's salary, profits shared equally, and interest on a partner's loan at 6% p.a. Harshad's ₹1,00,000 loan (advanced 1 October 2019) earns ₹3,000 interest for six months. After this charge, the profit of ₹1,77,000 is divided equally — Harshad ₹88,500, Dhiman ₹88,500.
Concept First: The Partnership Act Fills the Gaps
When partners have no written agreement, the Indian Partnership Act, 1932 supplies the rules, and they override each partner's personal claims:
- Interest on capital — not allowed at all without a deed. Harshad's claim for 10% and Dhiman's for 6% both fail.
- Interest on a partner's loan/advance — allowed at 6% p.a. (Section 13). This is a charge against profit, deducted before the profit is divided. Harshad's claim of 10% on the loan is reduced to 6%.
- Partner's salary or remuneration — not payable without a deed. Dhiman's claim of ₹2,000 per month for running the business in Harshad's absence is not admissible.
- Profit-sharing ratio — equal, by Section 13(b). Harshad's claim to share in the capital ratio fails.
Settling the Dispute
| Claim | Verdict under the Act |
|---|---|
| Harshad — interest on capital @ 10% | Not allowed (no deed) |
| Harshad — interest on loan @ 10% | Allowed only @ 6% p.a. |
| Harshad — profit in the capital ratio | Not allowed; profit is shared equally |
| Dhiman — profit shared equally | Correct |
| Dhiman — salary ₹2,000 p.m. | Not allowed (no deed) |
| Dhiman — interest on capital and loan @ 6% | Interest on capital not allowed; interest on loan @ 6% is correct |
Working Notes
WN1: Interest on Harshad's loan. ₹1,00,000 advanced on 1 October 2019; period to 31 March 2020 = 6 months; rate 6% p.a. Interest = ₹1,00,000 × 6% × 6/12 = ₹3,000.
WN2: Profit available for the partners. Net profit ₹1,80,000 − interest on loan ₹3,000 (a charge) = ₹1,77,000.
WN3: Distribution. Shared equally: Harshad ₹88,500, Dhiman ₹88,500.
Profit and Loss Appropriation Account for the year ended March 31, 2020
| Particulars | Amount (₹) | Particulars | Amount (₹) |
|---|---|---|---|
| To Interest on Harshad's Loan A/c | 3,000 | By Profit and Loss A/c (Net Profit) | 1,80,000 |
| To Profit transferred to: | |||
| Harshad's Capital A/c | 88,500 | ||
| Dhiman's Capital A/c | 88,500 | ||
| Total | 1,80,000 | Total | 1,80,000 |
The most common mistakes here are to allow interest on capital (it is not payable without a deed), to allow it at the claimed 10%, or to grant Dhiman a salary for the extra work. Under the Act none of these is admissible; only interest on the loan, at 6% p.a., is allowed, and it is a charge, not an appropriation.
When a partner advances a loan to the firm, always charge interest from the date of the advance to the year-end (here, 1 October to 31 March = 6 months). Being a charge, it is settled before the profit is shared among the partners.
The dispute is settled by the Partnership Act, 1932: no interest on capital, no salary, equal profit sharing, and interest on Harshad's loan at 6% p.a. (₹3,000). Harshad and Dhiman each receive a profit share of ₹88,500.
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