1988 (4) TMI 17

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..... facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that it was not a case of change in constitution of the firm under section 187(2) of the Income-tax Act, 1961, and, consequently, in directing the Income-tax Officer to make two separate assessments ?" The relevant assessment year is 1980-81. The material facts are these. Out of the several partners in .....

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..... 187 as it stands after the insertion of the proviso in sub-section (2) of section 187 retrospectively with effect from April 1, 1975. The view taken in such situation on the basis of the newly inserted proviso in sub-section (2) of section 187 by this court in CIT v. Assumal Veerumal [1988] 170 ITR 489, is that it is a case of succession governed by section 188 of the Act and not of a mere change .....

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