9911796707
|
Home
Issues:
1. Interpretation of section 187 of the Income-tax Act, 1961 regarding assessment of income of a dissolved partnership. 2. Determining the applicability of section 187(2)(a) of the Income-tax Act in case of a dissolved partnership as per the Indian Partnership Act. Analysis: The case involved a reference under section 256(1) of the Income-tax Act, 1961, where the Income-tax Appellate Tribunal referred questions of law regarding the assessment of a dissolved partnership to the High Court. The main issue was whether only a single assessment could be made on the firm for the assessment year 1971-72, considering the death of one partner and the subsequent formation of a new partnership. The Tribunal held that due to a change in the constitution of the firm, only one assessment was required for the entire accounting period. However, the High Court disagreed, citing the Supreme Court's decision that a partnership ceases to exist when one partner dies in a two-partner firm. The High Court emphasized that a change in the constitution of a firm under section 187 of the Act presupposes the continued existence of the firm, which is not the case when a partnership dissolves due to the death of one partner. The High Court further analyzed the contention that a firm is considered a "person" under the Income-tax Act, but clarified that the term "firm" is defined in alignment with the Indian Partnership Act, 1932. The court highlighted that the provisions of section 187(2) cannot be applied to a dissolved partnership, as the firm ceases to exist upon the death of one partner. Additionally, the court noted that section 42(c) of the Indian Partnership Act applies only to partnerships with more than two partners, making it irrelevant in this case. Therefore, the High Court concluded that the provisions of section 187 of the Act were not applicable to the dissolved partnership in question. In conclusion, the High Court answered the first two questions referred to it in the negative, ruling against the revenue. The court found that in the given circumstances, where a partnership dissolved due to the death of one partner, separate assessments were required for the distinct periods before and after the dissolution. The third question regarding the applicability of section 187(2)(a) in case of a dissolution of partnership as per the Indian Partnership Act was deemed unnecessary to address. The parties were directed to bear their own costs in relation to the reference.
|
