9911796707
|
Home
Issues:
1. Interpretation of section 188 and 187 of the Income-tax Act, 1961 regarding the dissolution and reconstitution of a partnership firm. 2. Determination of whether the income of two periods can be clubbed or assessed separately in the case of a partnership firm where one partner dies. Analysis: The High Court of ALLAHABAD was tasked with interpreting sections 188 and 187 of the Income-tax Act, 1961 in a case involving the dissolution and reconstitution of a partnership firm due to the death of a partner. The primary issue revolved around whether the firm should be assessed as per section 188 or section 187 of the Act. Section 188 states that if a firm is succeeded by another firm and not covered by section 187, separate assessments must be made on the predecessor and successor firms. On the other hand, section 187 deals with a change in the constitution of the firm at the time of assessment. The court referred to a Supreme Court decision in CIT v. Empire Estate [1996] to clarify that if a partnership deed does not prevent the dissolution of the firm upon the death of a partner, the partnership stands dissolved, falling outside the scope of section 187. The court further analyzed that in cases where a firm is dissolved, the question of reconstitution does not arise, even if a new firm with common partners takes over the business. It was emphasized that for a firm to be reconstituted, it must remain in existence, which was not the case when one partner died, leaving only one partner in the firm. The court cited a Full Bench decision in Dahi Laxmi Dal Factory [1976] to support the view that in such situations, it is a case of succession of one firm by another, falling under section 188 of the Act. Therefore, the court agreed with the Tribunal that the income of the two periods should not be clubbed, and two separate assessments were required for the two distinct periods. Consequently, the court held that upon the death of a partner, there was a dissolution of the first partnership, and the subsequent constitution of a new partnership allowed for assessment under section 188 of the Act. Both questions raised by the Revenue were answered in the affirmative against the Revenue and in favor of the assessee.
|
