9911796707
TMI Blog1997 (9) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 60 of the Agrl. Income-tax Act, 1950, arises out of an order passed by the Kerala Agrl. Income-tax Appellate Tribunal, Addl. Bench, Ernakulam, in A. I. T. A. No. 39 of 1989. The relevant assessment year is 1979-80 and the relevant accounting year is July 1, 1977, to June 30, 1978. The following are the questions of law arising for consideration of this court : "1. Whether, on the facts an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case, the Tribunal is justified in law in holding that the agricultural income is to be apportioned among the partners in the firm at the time of making the assessment and the erstwhile partners of the firm are to be approached for recovery only if recovery is not possible from the reconstituted firm ?" The assessee is a registered partnership firm constituted under an instrument of partne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Act, 1950. It was held that the partners as at the time of the assessment, should be made liable for the tax. The appeals filed before the Deputy Commissioner (Appeals) as well as the Tribunal were dismissed. In our judgment in I. T. R. Nos. 19 to 28 of 1993, Issac Peter v. Commr. Agrl. I. T. [1998] 229 ITR 752, we have considered in detail, the scope of section 28(1) and it has been held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the partners of the firm before its reconstitution and for the period between March 28, 1978, and June 30, 1978, it has to be apportioned between the partners under the reconstituted firm. We answer question No. 1 in the negative, against the Revenue and in favour of the assessee. We decline to answer question No. 2 as it is not relevant. In the light of our answer to question No. 1, we declin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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