1983 (9) TMI 82 - HC - Income Tax

Summary

Issues:
1. Whether two separate assessments should be made for the dissolved firm and the newly constituted firm?

Analysis:
The case involved a dispute regarding the assessment of a partnership firm that was dissolved and reconstituted. The primary question was whether two separate assessments should be conducted for the dissolved firm up to October 31, 1974, and the newly constituted firm from November 1, 1974, to March 31, 1975.

The facts of the case revealed that a partnership, operating a lodging and boarding business, was dissolved on October 31, 1974, with one partner continuing the business under the same trade name. Subsequently, a new partnership was formed with some common partners, continuing the same business from November 1, 1974. The Income Tax Officer (ITO) initially made two separate assessments for the dissolved and newly constituted firms. However, the Commissioner of Income-tax set aside these assessments, directing a single assessment under section 187(1) due to the change in the firm's constitution.

The Tribunal, relying on precedents and the terms of the dissolution deed, held that two assessments were warranted. It emphasized that for a brief period, the business was proprietary before the new partnership was established. The Tribunal referred the matter to the High Court, where the main contention was whether the dissolution followed by the new constitution constituted a case under section 187 or section 188.

The High Court referred to a Full Bench decision, which established that if a new firm with common partners takes over the assets and liabilities of the dissolved firm, it falls under section 187. The Court rejected the argument that the dissolved partner became the proprietor of all assets, emphasizing that the assets and liabilities of the entire business were transferred to the new firm. Therefore, the case fell within the scope of section 187, requiring a single assessment.

Ultimately, the Court ruled in favor of the Revenue, answering the question in the negative and upholding the single assessment under section 187. The parties were directed to bear their own costs, concluding the judgment.