1997 (2) TMI 86 - HC - Income Tax

Dispute over firm constitution resolved: New firm established with changed assessment year.

The case involved a dispute over the constitution of a firm and the assessee's entitlement to change its previous year for assessment. The court ... Carrying On Business, Dissolution Of Firm, Dissolved Firm, Previous Year Issues:1. Interpretation of section 187(2) of the Income-tax Act, 1961 regarding constitution of a new firm or change in the constitution of a firm.2. Entitlement of the assessee to change its previous year under section 3(1)(d) of the Income-tax Act, 1961 based on the nature of the business.Analysis:The case involved a dispute regarding the nature of the firm and the entitlement of the assessee to change its previous year for assessment purposes. The original firm, consisting of three partners, was dissolved, and a new firm was constituted with one partner taking over the paper business while another firm took over the stationery business. The Income-tax Officer initially treated it as a change in the constitution of the firm, but the Appellate Assistant Commissioner disagreed, stating that it was a case of a new firm with a new business setup. The Tribunal upheld this view, emphasizing the separation of the paper and stationery businesses under the new firms.Regarding the first issue, the Tribunal correctly found that it was not a case of a mere change in the constitution of the firm but rather the establishment of a new firm. The judges acknowledged this finding and proceeded with the understanding that a new firm came into existence from April 1, 1969. This interpretation was crucial in determining the subsequent issue of changing the previous year for assessment purposes.On the second issue, the Revenue argued that the newly constituted firm did not set up a new business as required by section 3(1)(d) of the Act, thus challenging the entitlement of the assessee to change its previous year. However, the court rejected this argument for several reasons. Firstly, the contention raised did not align with the questions referred for opinion. Secondly, the Tribunal's finding that the paper business was a newly set up business was not challenged. Additionally, the court cited precedents and held that a new firm can adopt a new accounting year even if it continues one of the old businesses, emphasizing that the reconstituted firm ceases to exist as the old firm.In conclusion, both issues were decided in favor of the assessee, affirming the establishment of a new firm and its entitlement to change the previous year for assessment purposes. The judgment highlighted the importance of correctly interpreting the nature of the firm and the business setup in determining tax implications.