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TMI Blog1994 (8) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... wo assessment years 1968-69 and 1969-70, these two references, one at the instance of the Revenue and the other at the instance of the assessee, require us to consider the following questions : Assessment year 1968-69 : R. A. No. 1342 of 1975-76 : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the firm, Messrs. Victor Cable Corporation, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Hindu undivided family of Avtar Krishan as regards the share of profits from the firm, Messrs. Victor Cable Corporation ? " Assessment year 1968-69 : R. A. No, 1344 of 1975-76 : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the firm, Messrs. Victor Cable Corporation, could raise a goodwill account in its books of account on June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be noted that there was a difference of opinion between the two members of the Appellate Tribunal who heard the matter initially and only one question was referred to the third member. The question regarding the goodwill account was never referred to the third member, even though there was a difference of opinion. In the result, the question of goodwill account was never ultimately decided by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one into the question of the partial partition and recorded a finding. We are of the opinion that this is a statutory requirement which the Assessing Officer failed to comply with in the instant case. Therefore, the Appellate Tribunal was fully justified in remanding the matter with a direction to the assessing authority to decide the question of partial partition. The other question regarding 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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