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    <title>1940 (9) TMI 22 - MADRAS HIGH COURT</title>
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    <description>On dissolution of a partnership, where one partner continues the same business, the arrangement amounts to a succession of the business for income-tax purposes under Section 26(2) of the Indian Income-tax Act, 1922. A partnership firm is treated as a separate assessable entity from its partners, so the continuing partner is assessed in the new capacity of successor rather than as a mere co-owner. Section 44 applies only where the business has been discontinued and does not govern a case of continuous business carried on after dissolution. The assessment was therefore treated under Section 26(2), with the continuing partner liable on the ex-partner&#039;s share of profits.</description>
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    <pubDate>Wed, 25 Sep 1940 00:00:00 +0530</pubDate>
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      <title>1940 (9) TMI 22 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276306</link>
      <description>On dissolution of a partnership, where one partner continues the same business, the arrangement amounts to a succession of the business for income-tax purposes under Section 26(2) of the Indian Income-tax Act, 1922. A partnership firm is treated as a separate assessable entity from its partners, so the continuing partner is assessed in the new capacity of successor rather than as a mere co-owner. Section 44 applies only where the business has been discontinued and does not govern a case of continuous business carried on after dissolution. The assessment was therefore treated under Section 26(2), with the continuing partner liable on the ex-partner&#039;s share of profits.</description>
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      <pubDate>Wed, 25 Sep 1940 00:00:00 +0530</pubDate>
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