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1998 (12) TMI 57

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..... 2-93, During the lifetime of one Shri Paranjothi Nadar, he was one of the five partners of the assessee-firm. He died on October 31, 1981. On the death of Paranjothi Nadar, the assessee claimed that the firm stood dissolved, and the assessee furnished returns of income disclosing an income of Rs. 22,940 for the period from April 1, 1981 to October 51, 1981, stating that closing stocks had to be va .....

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..... lowing question has been referred to this court for our opinion : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the closing stock of the firm as on October 31, 1981, being the date of dissolution of the erstwhile firm should not be valued on the basis of market price ?" The claim of the assessee is that on the death of Para .....

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..... dissolution of the firm." The apex court has held in the case of A. L. A. Firm v. CIT [1991] 189 ITR 285, that with a view to arrive at the correct picture of trade of the partnership on the date when it ceases to function, the valuation of stock-in-trade should be made on the basis of the prevailing market price, affirming the view taken in the case of G. R. Ramachari and Co. v. CIT [1961] 41 .....

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