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TMI Blog1987 (4) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 256( 1) of the Income-tax Act, 1961 (hereinafter referred to as the Act "), on the application moved by the Commissioner of Income-tax, jodhpur. The Tribunal has framed the following question for the decision of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the firm stood dissolved on the death of Shri Roshanlal Sharm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Devi, wife of Roshanlal Sharma, was 25%, 35% and 40%, respectively. The assessee-firm, therefore, filed two returns-one for the period October 25, 1973, to February 9, 1974, and the other for the period February 10, 1974, to November 12, 1974. The Income-tax Officer was of the view that the firm was the same, except that there was a change in the constitution, and, therefore, he assessed the incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income-tax, jodhpur, moved an application before the Tribunal for stating the case and referring the question arising out of its order dated October 23, 1981, to the High Court for its opinion. In these circumstances, the Tribunal has framed the aforesaid question and referred the matter to this court for an answer to the aforesaid question. Mr. Arora, learned counsel for the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is added to the firm will have to be made. In the present case, Roshanlal Sharma, who was a member of the old partnership firm, died and his wife was added as a new partner effective from February 10, 1974, and two returns for the, two separate periods had to be filed, one from October 25, 1973, to February 9, 1974, and was the other from February 10, 1974, to November 12, 1974. This actually do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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