1985 (12) TMI 18

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Revenue for answering the following question of law : " (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in confirming the order of the Commissioner of Income-tax (Appeals) directing the Income-tax Officer to make two separate assessments for the two periods ? (2) Whether, on the facts and in the circumstances of the case and in vie .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... was framed in accordance with section 187 of the Act. The assessee's appeal to the Commissioner of Income-tax (Appeals) was allowed. It was held that as a result of the death of one of the partners, the firm was dissolved and a new firm was constituted thereafter. Accordingly, it was directed that two separate assessments for the two different periods during the relevant year had to be made. Th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lies. The proviso clearly lays down that nothing contained in clause (a) of sub-section (2) of section 187 shall apply to a case where the firm is dissolved on the death of any of its partners. It is rightly not disputed that this proviso squarely applies to the present case. This being so, two separate assessments had to be made for the relevant year 1975-76: one for the period up to May I 1, 197 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X