1981 (10) TMI 53

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..... he following question which is said to be a question of law arising out of the order of the Tribunal in ITA No.1323/Bom/80 dt. 30th Mar, 1981 relating to the assessment year 1977-78: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there should have been two separate assessments one for the period ending 31st May,1976, the date of rec .....

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..... dissolution of the firm falling u/s 188 of the Act. The ITO held that it was only a case of change in the constitution of the firm and not one of dissolution. He, therefore, held that there can be only one assessment combining both the period. This finding was confirmed by the Commr.(Appeals). The assessee, therefore, came up in appeal before the Tribunal. Relying upon the ruling of the Supreme C .....

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..... tract between the partners to introduce a third party without the consent of all the existing partners, that it pre-supposes the subsistence of a partnership and that it does not apply to a partnership of two partners which is dissolved by the death of one of them, for, in that event there is no partnership at all for any new partner to be inducted into without the consent of others. In our view, .....

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