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    <title>1979 (6) TMI 88 - ITAT MADRAS-A</title>
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    <description>In the absence of an express or clearly implied contract to the contrary, the death of a partner dissolves a firm under section 42(c) of the Indian Partnership Act, 1932. Here, the partnership deed contained no continuance clause, the later deed did not show continuation of the old firm, and merely carrying on business in the same name and premises was insufficient to prove an implied agreement against dissolution. The closing of the old books and the gap before the new concern began supported the view that the old firm had ceased to exist. The successor concern was therefore a new firm, and separate assessments were required for the two periods.</description>
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    <pubDate>Tue, 12 Jun 1979 00:00:00 +0530</pubDate>
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      <title>1979 (6) TMI 88 - ITAT MADRAS-A</title>
      <link>https://www.taxtmi.com/caselaws?id=69275</link>
      <description>In the absence of an express or clearly implied contract to the contrary, the death of a partner dissolves a firm under section 42(c) of the Indian Partnership Act, 1932. Here, the partnership deed contained no continuance clause, the later deed did not show continuation of the old firm, and merely carrying on business in the same name and premises was insufficient to prove an implied agreement against dissolution. The closing of the old books and the gap before the new concern began supported the view that the old firm had ceased to exist. The successor concern was therefore a new firm, and separate assessments were required for the two periods.</description>
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      <pubDate>Tue, 12 Jun 1979 00:00:00 +0530</pubDate>
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