9911796707
TMI Blog1965 (12) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... einafter referred to as the Act). This was a partnership firm. The present dispute relates to its turnover for the period from 1st April, 1960, to 31st March, 1961. The prescribed return in respect of the period in question was filed by the petitioner-firm on 9th May, 1961. On 10th April, 1962, the firm was dissolved. Intimation of the dissolution of the firm was sent on the same day to the Regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r appears to have been passed. This resulted in the final assessment order having been made by the Assessing Authority on 25th September, 1964. Copy of the order under the Punjab General Sales Tax Act is annexure I and that under the Central Sales Tax Act is annexure J to the writ petition. These copies were filed by the petitioner subsequently. The difficulty in the way of the authorities und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court (Tek Chand, Capoor and Pandit, JJ.) answered the following question referred to this Court by the Sales Tax Authorities in the affirmative: "Whether a partnership firm, which is a registered firm under the provisions of the Punjab Sales Tax Act and which was in existence throughout the period for which assessment of sales tax has to be made, ceases to be liable to the said assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Commissioner and pressed into service the argument that in fact after the said order of the Financial Commissioner the assessment proceedings, which had originally started before the dissolution of the firm were merely continued. While dealing with that argument of the learned counsel for the State, their Lordships of the Supreme Court held that there cannot be a distinction on principal betwe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers dated 25th September, 1964 (copies annexures I and J) and hold that the petitioner-firm is not liable to assessment under the Act in respect of any period prior to its dissolution on 10th April, 1962, in respect of which no subsisting assessment order had been made before the date of dissolution. In the peculiar circumstances of this case there will be no order as to costs. Petition allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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