1994 (7) TMI 71

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... instance of the Revenue by the Income-tax Appellate Tribunal, under section 256(1) of the Income-tax Act, 1961. The following questions have been referred : " (i) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in coming to the conclusion that there was no change in the constitution of the firm after the death of Shri Ramcharan Omar, on Aug .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t it was only a case of change of constitution and not a case of dissolution of the firm. He, therefore, declined registration. In appeal, the Appellate Assistant Commissioner reversed this decision and held that there was dissolution followed by a new entity and benefit of registration for the period after the dissolution was directed. Further appeal filed by the Revenue was dismissed by the Tr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... contrary. In the case considered by the Supreme Court, there was a contract to the contrary and the death of the partner was followed by inclusion of another person as a partner. Therefore, it was held that there was change in the constitution, but not dissolution of the firm. In the circumstances referred to above, the view taken by the Tribunal has to be affirmed. The questions referred to th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X