9911796707
TMI Blog1995 (11) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... section 256(1) of the Income-tax Act, 1961, for the opinion of this court : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in directing that two assessments should be made, one for the period prior to change in the constitution of the firm and another for the period after the change in the constitution of the firm ? " The facts as found by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 74, be made. The claim of the assessee was not accepted by the Income-tax Officer who made one assessment for both the periods. The appeal of the assessee filed before the Appellate Assistant Commissioner failed. The assessee then further appealed to the Appellate Tribunal which relying on CIT v. Shiv Shanker Lal Ram Nath [1977] 106 ITR 342 (All) and Badri Narain Kashi Prasad v. Addl. CIT [1978] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision in Vishwanath Seth's case [1984] 146 ITR 249 (All) was disapproved and must be deemed to have been overruled by the decision of the Supreme Court in Wazid Ali Abid Ali v. CIT [1988] 169 ITR 761 and, therefore, on that basis, the order of the Appellate Tribunal cannot be reversed. We do not agree with this contention. A similar submission was made before a Division Bench of this court in CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (2) of section 187. We, therefore, agree with the Bench decision in CIT v. Basant Behari Gopal Behari and Co. [1988] 172 ITR 662 (All) that the Full Bench decision of this court in Vishwanath Seth's case [1984] 146 ITR 249 is and continues to be good law even today." Following the decision in Basant Behari Gopal Behari and Co. [1988] 172 ITR 662 (All) and Indralok Picture Palace [1991] 188 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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