9911796707
TMI Blog1987 (7) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... venue to decide the following question of law, namely: "Whether, on the facts and in the circumstances of the case, the Tribunal was legally right in directing the Income-tax Officer to make two separate assessments, one for the period prior to the change and the other for the period after the change in the constitution of the firm, notwithstanding the fact that it was a change in the constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 187 of the Act and, accordingly, he made one assessment for the entire period. The Commissioner of Income-tax (Appeals) upheld the order of the Income-tax Officer. In the assessee's further appeal to the Tribunal, a different conclusion has been reached. The Tribunal has held initially that by virtue of a term in the partnership deed dated January 1, 1976, the partnership was not dissolved on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made for the entire period instead of two. This is further evident from the fact that the Tribunal itself has held that the death of one of the partners did not result in the dissolution of the firm on account of a contract to the contrary and it was a mere change in the constitution of the firm within the meaning of section 187(2) of the Act. After recording this finding, the effect thereof can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o dissolution of the firm on the death of any of its partners on account of a contract to the contrary in the deed of partnership, the said proviso is not attracted. Consequently, the reference is answered in favour of the Revenue and against the assessee as under: "The Tribunal having held that it was a case of a change in the constitution of the firm as contemplated by section 187(2) of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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