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TMI Blog1985 (7) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... mica business and consisted of the following partners: 1. Shri Rameshwar Nathani - 12 annas share. 2. Shri Ram Kumar Agarwal - 3 annas share. 3. Charity - 1 anna share. One of the partners, Shri Rameshwar Nathani, expired on January I 8, 1957, leaving a widow, four sons and daughters. The sons of the deceased partner, Shri Rameshwar Nathani, filed a suit in the court at Bhilwara, while the surviving partner, Shri Ram Kumar Agarwal, filed a suit in the Calcutta High Court for a declaration that the firm, M/s. Duduwala and Company, be treated as dissolved and for rendition of accounts after the death of Shri Rameshwar Nathani. On June 26, 1957, the Calcutta High Court appointed an official receiver of the firm and directed him to carry on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears 1960-61 and 1961-62, the status of the assessee was shown as a firm and similar was the case in the returns filed for the assessment years 1962-63 and 1963-64. However, in the assessment year 1964-65, although the status of the assessee was shown as a firm, the joint receivers signed the return as joint receivers of the dissolved firm M/s. Duduwala and Company. In the subsequent assessment year 1965-66, the column relating to status was left blank, while in the returns filed in respect of the assessment years 1966-67 and 1967-68, the status was shown as a dissolved firm. The Income-tax Officer completed the assessments for the assessment years 1960-61 to 1966-67, treating the status of the assessee as an unregistered firm. The Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 256(1) of the Income-tax Act, 1961, before the Appellate Tribunal seeking a reference to this court of questions of law said to be arising out of the orders of the Appellate Tribunal dated August 7, 1975, and August 31, 1978. The Appellate Tribunal observed that the question as to what should be the correct status of the assessee during the assessment years in question was a question of fact and dismissed the applications for making a reference on the ground that no question of law arise out of the orders passed by the Tribunal. Hence, these seven applications under section 256(2) of the Income-tax Act, 1961, have been filed before us. It may be pointed out that before the Appellate Tribunal in the applications filed under section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uduwala and Company, stood dissolved as soon as one of the partners, namely, Shri Rameshwar Nathani, expired on January 18, 1957. This was also the date of dissolution of the firm according to the compromise dated June 4, 1960, entered into between the surviving partner and the legal representatives of the deceased partner. It was urged that after the dissolution of the partnership firm, the assessee could not have been assessed in the status either of an unregistered firm or in the status of an association of persons, but as the provisions of section 161 of the Incometax Act, 1961, applied and the beneficiaries were the persons who are liable to make payment of tax, they should have been assessed in the status of an individual. On the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this court for its opinion. It appears to us that some of the questions which have been framed on behalf of the assessee are overlapping and repetitive. In order that the real dispute between the parties may be brought out clearly, we would like to reframe the questions as under: " 1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in directing that assessments relating to the business of M/s. Duduwala Company, during the assessment years 1960-61 to 1966-67, be made in the status of an association of persons ? 2. What was the status of M/s. Duduwala Company according to law during the relevant assessment years 1960-61 to 1966-67, after the dissolution of the firm on Janu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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