1996 (12) TMI 30

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..... Income-tax, the Income-tax Appellate Tribunal, Ahmedabad Bench "C", has referred the following question of law arising out of I.T.A. No. 414/Ahd. of 1982 for the assessment year 1975-76 : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has been right in law in confirming the view taken by the Commissioner of Income-tax (Appeals) that on the death of .....

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..... case of Addl. CIT v. Harjivandas Hathibhai [1977] 108 ITR 517, allowed the appeal of the assessee. The Tribunal confirmed this order. It is the fundamental principle of the law of partnership that unless there is a contract to the contrary, the death of a partner results in the dissolution of the firm immediately though settlement of accounts may be taken later. That principle has been applied b .....

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..... Officer in not following the decision of the Gujarat High Court within whose supervisory territory he was functioning, is far from satisfactory, that is the least we can say. The minimum decorum of the system of hierarchy that Tribunals in the administration of justice and their judicial subordination to the High Court of the territory in which they function requires that they restrain in the use .....

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