https://www.taxtmi.com/caselaws?id=273040 Penalty liability for a discontinued partnership under the Indian Income-tax Act, 1922 attached to the partners of the firm as it existed when the assessment-related liability arose. The original partnership had dissolved on the death of a partner, and a later firm was constituted under a separate instrument. Section 44 made the partners of the discontinued firm jointly and severally liable for assessment-related liabilities, including penalty, but it did not permit the penalty to be levied on a different, subsequently reconstituted firm. The penalty therefore could not be validly imposed on the firm as constituted at the time of levy, and the issue was answered for the assessee. en-us Mon, 27 Jan 1964 00:00:00 +0530 Fri, 01 Jun 2018 15:41:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273040 Penalty liability for a discontinued partnership under the Indian Income-tax Act, 1922 attached to the partners of the firm as it existed when the assessment-related liability arose. The original partnership had dissolved on the death of a partner, and a later firm was constituted under a separate instrument. Section 44 made the partners of the discontinued firm jointly and severally liable for assessment-related liabilities, including penalty, but it did not permit the penalty to be levied on a different, subsequently reconstituted firm. The penalty therefore could not be validly imposed on the firm as constituted at the time of levy, and the issue was answered for the assessee. Case-Laws Income Tax Mon, 27 Jan 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273040