TMI Blog2013 (4) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... l Commissioner of Income Tax; [1978 (5) TMI 32 - ALLAHABAD HIGH COURT] Held that:- the decisions relied upon by the Tribunal are no longer good law in view of the subsequent judgment of a larger Bench of this Court in the case of Vishwanath Seth vs. CIT; [1983 (11) TMI 59 - ALLAHABAD HIGH COURT] - the order of the Tribunal cannot be allowed to stand. - It is in effect a case of re-constitution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal was legally justified in directing that the income was assessable on the basis of returns filed by the assessee for the assessment years 1979-80 and 1980-81. If so, it's effect." The assessee, a partnership firm known as M/s. Ghanshyam Das Radha Kishan Tandon, Amroha came into existence by the partnership deed dated 1.4.1975. The said partnership was at will. Clause 5 of the deed st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 1980-81. The matter was carried in appeal before the Commissioner of Income Tax (Appeals), Bareilly, who by the order dated 6.10.1982 allowed the appeal in part. The Department carried the matter further in appeal before the Income Tax Appellate Tribunal in Income Tax Appeal No. 361 and 362 (Del) of 1983. The Tribunal by the order under appeal has dismissed the appeal. Heard Sri Shambhu Chopr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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