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TMI Blog1984 (4) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... o assessments for the relevant accounting year. 2. The accounting period of the assessee ended on 31st March, 1978. On 1st December, 1977 there was a new partnership deed and applications in Form Nos. 11 and 11A were duly filed on 20th March, 1978. The ITO duly granted registration but he made one assessment in relation to the entire income. The same conclusion has been endorsed by the AAC on app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion the facts in that case are slightly different. To further support the assessee's case we may also refer to the decision of the Andhra Pradesh High Court in Addl. Commissioner v. Vinayaka Cinema (1977) 110 ITR 468 (AP)(FB). 4. As against this, for the Department reference was made to an earlier decision of the Andhra Pradesh High Court itself in Addl. Commissioner v. Vishakha Flour Mills ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Saha & Co decided on 27th January, 1984 already taken a view in favour of the assessee. However, after carefully considering the entire facts and circumstances of the case, we are not inclined to agree with the assessee's contention. Apart from the fact that all the relevant authorities were not referred to before the Tribunal which chose to base its decision on the rather obsolute decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry clearly and unmistakably stated in sub-section (2) of section 187 of the Income-tax Act which, for the sake of clarification we shall quote in extenso as under : "For the purposes of this section, there is a change in the constitution of the firm : (a) if one or more of the partners cease to be partners or one or more new partners are admitted, in such circumstances that one or more of the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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