1975 (2) TMI 8

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..... iginally constituted under a partnership deed, dated November 18, 1963. Kashi Prasad and six, others were the partners of the aforesaid firm. Kashi Prasad died on May 4, 1965. A fresh partnership deed was, thereafter, executed on May 6, 1965, and a new firm consisting of six old partners and two new partners was constituted, having different shares in the partnership. The assessee-firm, thereafter .....

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..... above and made one single assessment order. The assessee went in appeal to the Appellate Assistant Commissioner of Income-tax. The appeal was dismissed. The assessee then filed a second appeal to the Appellate Tribunal. The appeal filed by a assessee was allowed. The Tribunal found that, on account of the death of one of the partners of the old firm, the same stood dissolved automatically and, th .....

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..... old firm as it did not close its business and since the same business was continued with two additional partners, it was a case of mere change in the constitution of the old firm. The contention raised by the counsel for the assessee was that the new firm that came into existence after the dissolution of the old firm was a different firm and, therefore, it was a case of succession of one firm by .....

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