9911796707
TMI Blog1985 (12) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... de the following question of law: "Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in holding that the Commissioner was not correct in concluding that the two separate assessment orders passed by the Income-tax Officer were erroneous and prejudicial to the interests of the Revenue?" The material facts are these : The relevant assessment year is 1974-75 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26, 1973, and thereafter during the relevant accounting year. The Income-tax Officer made two separate assessment for that year according to the two returns which were filed. The Commissioner of Income-tax initiated action under section 263 of the Act and held that the Income-tax Officer ought to have made only one assessment for the entire assessment year. This view was taken on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) which is applicable from the assessment year 1975-76 only and not prior to it and, therefore, the Full Bench decision in Girdharilal's case [1984] 47 ITR 529 (MP) construing section 187(2) prior to its amendment, is clearly applicable. Following that decision, it must be held that the present case is case of change in the constitution of the firm governed by section 187(2) of the Act and riot o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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