Sudeep and Ankit are very fast friend since long. They decided to run a service unit which will provide “Financial and Investment Consultancy…

CA Intermediate · Corporate and Other Laws · MTP · May 2024
Sudeep and Ankit are very fast friend since long. They decided to run a service unit which will provide “Financial and Investment Consultancy Services". For this purpose they formed a limited liability partnership under the name M/s Etharkkum Advisors LLP on 17th April 2020. For this purpose, they prepared a Limited Liability Partnership Deed of which one of the clauses provides that a new partner may be admitted in the LLP with capital contribution which may be in kind or cash. Further new partner is also required to deposit the agreed amount of capital contribution within six months from the date of his admission. After some time, office of the firm was destroyed due to an earthquake and the LLP was in urgent need of an office premises and some funds for some renovation work. It is also informed that M/s Etharkkum Advisors LLP approached Manoj on 1st January 2023 to join the firm as third partner. Manoj was out of India for the period from 1st September 2021 to 23rd December 2022. He agreed to join the LLP and also agreed to contribute his office premises at Sanjay Place, Palwal and funds of 5,00,000 as Capital Contribution in the firm. Manoj joined the firm on 25th January 2023 as limited liability partner. The above said office premises was purchased by Manoj five years ago for 25,00,000 but the fair market value of this office on 25th January 2023 was - 32,25,000 and on 1st January 2023 was - 30,00,000. Manoj has provided his office to the firm with effect from his admission and promised to deposit the agreed amount of 5,00,000 within six months as provided in the partnership deed. Before Manoj could deposit the amount with the firm, it was dissolved. Manoj denied to deposit the amount of 5,00,000 with the contention that he is liable only upto the amount contributed in the firm on the date of dissolution. A creditor of the firm sued Manoj to deposit the said amount so that the firm may pay off his liability. On the basis of above facts and by applying applicable provisions of the Limited Liability Partnership Act, 2008 and the applicable Rules therein, choose the correct answer (one out of four) of the following Multiple Choice Questions (MCQs 6-9) given herein under:
(A) Manoj could not be considered resident in India as he was not in India for 182 days in preceding one year
(B) Manoj could not be considered resident in India as he was not in India for 120 days in preceding one year i.e. only for 33 days from 24th December 2022 to 25th January 2023
(C) Manoj could not be considered as he was not in India for 182 days during the financial year
(D) Manoj will be considered as resident in India as he was in India for 120 days during the financial year (2021-2022)

Suggested Answer and Working Notes:

Correct Answer: Option (D)

Manoj will be considered as resident in India as he was in India for 120 days during the financial year (2021-2022)

Topics: The Foreign Exchange Management Act, 1999, The Limited Liability Partnership Act, 2008

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