9911796707
TMI Blog1981 (9) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... an one of the partner died on7th July, 1977and one return was filed from Diwali 1976 to7th July, 1977and the other for the period thereafter till Diwali of 1977. On the death of Ram Charan the remaining three partners carried on the business of the firm. It was claimed that two assessments should be made. But the ITO held that there was only a change in the constitution of the firm and, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent for which the ITO may initiate separate action. 4. The department is aggrieved by these orders of the AAC. In one appeal the ground is that the AAC erred in holding that the old firm stood dissolved and a new firm came into existence and, therefore, the income for the first period should be excluded. I have perused the partnership deed. On page 11 of the paper book is the relevant partnership ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal by the department the only ground is that the AAC was not justified in directing the ITO to exclude the income of the first period. This appeal also must suffer the same fate. Once I have held that the firm stood dissolved on the death of the partner, there have to be necessarily two assessments and this one assessment shall be for the second period only.
6. Both the appeals are dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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