9911796707
TMI Blog1987 (6) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... unal, Jabalpur Bench, Jabalpur, has referred the following question to this court for its opinion under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act "). "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that two separate assessments should be made on the assessee-firm one for the period up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the firm would not be dissolved, the legal position is that in the absence of such contract, the death of a partner results in dissolution by operation of the Partnership Act. It seems, as a consequence of the new partnership coming into being, the assessee filed two returns, one for the period ending April 9, 1974, when Bhagchand died, and the other for the period ending November 13, 1974, and it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that one or more of the persons who were partners of the firm before the change continue as partner or partners after the change. As a result of the proviso aforesaid being added with retrospective effect from April 1, 1975, the provisions of section 187(2) of the Act, along with the said proviso, would be applicable to the facts of the instant case, the assessment order in question being of the y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esaid to sub-section (2) of section 187 of the Act, we are of the opinion that, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that two separate assessments should be made-one for the period up to April 9, 1974, and another for the period from April 10, 1974, to November 13, 1974. In other words, the question referred to above is an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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