2006 (5) TMI 85 - HC - Income Tax

AOP - Death of partner of firm - after the death, the other partners who were his legal heirs had been fighting for succession - assessee claim that no business was done thereafter and firm stood dissolved by the operation of law on death of partner, is acceptable - an association of persons can be formed only when two or more individual voluntarily combine together for a certain purpose notice u/s 148 for assessment of heirs in the status of AOP, is not justified

Summary

Issues:
Identification of whether the Departmental authorities were justified in framing the assessment in the name of an association of persons.

Analysis:
The judgment involved a question of law arising from a common order passed by the Income-tax Appellate Tribunal regarding the assessment years 1983-84, 1984-85, and 1987-88. The primary issue was whether the Departmental authorities were correct in framing the assessment in the name of M/s. Sehgal Oil and General Mills as an association of persons. The Tribunal found that the firm, M/s. Sehgal Oil and General Mills, had dissolved by operation of law upon the death of the main partner, Sh. D. D. Sehgal. The Tribunal held that no business was conducted after Sh. D. D. Sehgal's death, and there was no evidence of receipt of dividends or interest by the alleged association of persons. The Tribunal referred to the judgment in G. Murugesan and Brothers v. CIT [1973] 88 ITR 432 to support its decision.

The Revenue argued that the Department was not informed about Sh. D. D. Sehgal's death, and in the absence of any clause in the partnership deed contrary to Section 42 of the Indian Partnership Act, the partnership stood dissolved by law. The Revenue relied on the judgment in CIT v. Shelly Products [2003] 261 ITR 367. However, the court found no relevance of this judgment to the current case. The assessee's counsel contended that the principles laid down in CIT v. Indira Balkrishna [1960] 39 ITR 546 and G. Murugesan and Brothers v. CIT [1973] 88 ITR 432 were still applicable. The court emphasized the importance of volition among members to form an association of persons for generating income, as highlighted in various judgments including Meera and Co. v. CIT [1997] 224 ITR 635.

The court concluded that after Sh. D. D. Sehgal's death, there was no collective purpose among the remaining partners to generate income. As a result, the principles set by the Supreme Court were not met, and the respondent could not be considered an association of persons. Therefore, the question was answered in favor of the assessee, ruling against the Revenue's contention.