TMI Blog1983 (2) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... nd by virtue of the provisions of section 42 of the Partnership Act, the firm became dissolved as there was no specific provision in the partnership deed that the partnership would continue in spite of the death of any of the partners. A fresh partnership came into existence by another deed after the death of Shri Madan Lal. The accounting year of the assessee firm ends on31st October, 1978. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he death of the partner the firm ceased to exist. This view is supported by the decision of the Madhya Pradesh High Court in Ganesh Dal Mills v. CIT (1982) 136 ITR 762 (MP) and the same is binding on me as this case falls within the jurisdiction of that Hon'ble High Court. The learned Departmental representative no doubt pointed out contrary decisions but in view of the decision of the Madhya Prad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the profit margin is about 4 per cent in all these articles. Since the assessee also deals in cereals, it was contended that 6 per cent disclosed by it is quite in order. In my opinion the revenue authorities have not been able to make out a case for disturbing the book results. In the past, the results were being accepted no doubt under section 143(1). The profit margin shown by the assessee seem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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