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Issues: Assessment of a partnership firm for different periods within a single assessment year based on reconstitution and succession events.
In the case before the High Court, the primary issue was whether the Income-tax Appellate Tribunal was correct in upholding the Appellate Assistant Commissioner's order directing the completion of three assessments for different periods within the same assessment year for a partnership firm. The relevant previous year ended on March 31, 1972, and the assessment year in question was 1972-73. The firm underwent reconstitution events during the previous year, with partners retiring and new partners being admitted on two separate occasions. The court analyzed the events of reconstitution that occurred within the partnership firm during the previous year. On May 5, 1971, two partners retired, and a new partner was admitted the next day, leading to the execution of a fresh partnership deed. The court noted that there was no evidence to suggest a dissolution of the partnership on May 5, 1971, and concluded that it was a case of mere reconstitution based on the provisions of section 187(2) of the Income-tax Act, 1961. The court emphasized that in the absence of conclusive material indicating otherwise, the events constituted a reconstitution rather than a dissolution. Regarding the events of August 7, 1971, when one partner passed away, the court considered the absence of the partnership deed and assumed that the death of a partner resulted in dissolution unless specified otherwise in the deed. The court determined that the subsequent admission of the deceased partner's son as a partner did not alter the dissolution caused by the death. Therefore, the court concluded that this event constituted a succession of one firm by another rather than a reconstitution, as there was no indication to the contrary. Based on the analysis of the reconstitution and succession events within the partnership firm, the court answered the reference question by directing one assessment for the period from April 1, 1971, to August 7, 1971, and a separate assessment for the period from August 11, 1971, to March 31, 1972. The judgment was partly in favor of the assessee and partly in favor of the Department, with no costs awarded.
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