1993 (8) TMI 4 - HC - Income Tax

Summary

Issues:
1. Whether the Tribunal erred in holding that the Income-tax Officer was not justified in making a single assessment of the firm instead of two assessments?
2. Whether the Tribunal is justified in holding that the provisions of section 188 are applicable in the case of the assessee and not section 187?

Analysis:
The case involved a reference under section 256(1) of the Income-tax Act, 1961, where the Revenue sought a decision on two questions of law. The firm in question originally had three partners, one of whom died on January 16, 1977. Subsequently, the firm was reconstituted with two new partners from January 17, 1977. The Income-tax Officer made a single assessment, considering it as a case governed by section 187(1) of the Act. The Tribunal disagreed, stating it was a case of dissolution of the firm and directed two separate assessments. The Full Bench of the High Court had previously interpreted the law regarding changes in the firm's constitution, including cases of dissolution and reconstitution. The law was amended with a proviso stating that in cases of dissolution due to the death of a partner, section 188 would apply. The Court held that in cases of partnership dissolution due to a partner's death, section 188, not section 187, would apply. The Tribunal's decision was upheld based on the retrospective amendment and the correct application of the law.

The Court emphasized that the amended law applies to cases where a partnership dissolves due to the death of a partner, making section 188 applicable. In this specific case, where a partner died and the firm was reconstituted with new partners, the proviso added by the amending Act of 1984 would apply, and section 188 would govern the assessment. The Tribunal's decision was deemed correct in light of the retrospective amendment and the Full Bench judgment. The Court concluded that the Income-tax Officer was not justified in making a single assessment and upheld the Tribunal's directive for two separate assessments. Additionally, the Court affirmed that the provisions of section 188 of the Act were applicable in the case of the assessee, in line with the correct interpretation of the law post-amendment.

The Court's decision clarified the application of sections 187 and 188 in cases of partnership dissolution and reconstitution due to a partner's death. It underscored the importance of the retrospective amendment and the correct interpretation of the law in determining the appropriate assessment procedure for such cases.