9911796707
TMI Blog1996 (7) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal referred the following question for the opinion of this court under section 256(2) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case and having regard to the provisions of section 187(2) of the Income-tax Act, the Appellate Tribunal was justified in law in holding that consequent to the death of one of the partners, on July 17, 1972, there was disso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 42 of the Partnership Act, subject to contract to the contrary, a firm is dissolved by the death of a partner. On July 17, 1972, a partner died and since there was no contract to the contrary, it was found that the partnership stood dissolved and a new partnership firm was constituted by a fresh deed dated July 21, 1972. The case of the Revenue was that from the conduct of the parties i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1973-74. In the present case, there is no clause in the original partnership deed for the continuation of the firm. When there is a written contract, it is not possible to substitute any clause to the written contract by an oral agreement since the written contract can be varied only by another written contract. It further remains to be seen that after the death of one of the partners, the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his case, in the light of the judgment of the Supreme Court cited supra and looking into the provisions of section 42 of the Indian Partnership Act, we hold that there is no infirmity in the order passed by the Tribunal directing to make two separate assessments for the assessment year under consideration since there was no continuation of the original partnership on the death of one of the partne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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