1997 (9) TMI 40

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..... e Tribunal has referred the following two questions for the opinion of this court : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that where there was a change in the constitution of a firm, two assessments have to be made, one for the period prior to the change in the constitution of the firm and another for the period after the .....

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..... nt of partnership, under which Alok Gupta was also admitted to the benefits of partnership. Two separate returns of income were filed, one for the period October 5, 1973, to September 11, 1974, accompanied by the declaration for continuation of the registration and another for the period September 13, 1974 to October 24, 1974, for which separate application for registration was filed in due course .....

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..... d that the aforesaid two questions have been referred for the opinion of this court. Section 188 provides that where a firm carrying on a business is succeeded by another firm, and the case is not covered by section 187, separate assessments have to be made on the predecessor-firm and the successor-firm. Section 187 provides for the contingency requiring one assessment when there is only a change .....

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..... . They would apply to the case of a partnership where a partner dies and the partnership deed provides that death shall not result in the dissolution of the partnership. Such provision is lawful because section 42 of the Partnership Act contemplates it. If there is no such provision and a partner dies, the partnership stands dissolved. The partnership does not then survive upon, the death of the p .....

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..... two assessments should be made for the two broken periods and it also rightly directed the grant of continuation of the registration for the period October 5, 1973, to September 11, 1974, as claimed by the declaration filed along with the return for that period. In the result, both the questions are answered in the affirmative, in favour of the assessee and against the Revenue. - - T .....

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