https://www.taxtmi.com/caselaws?id=277038 Unamended section 44 of the Income-tax Act made former partners jointly and severally liable for assessment and tax of a dissolved firm, but not for penalty under section 28(1)(c). The Court held that "assessment" cannot be extended to include penalty, because the Act treats assessment and penalty as distinct liabilities and penalty requires express legislative authority against the person who committed the default. The later amendment expressly adding penalty was treated as confirming that the earlier provision did not authorise it. Section 44 nevertheless applied to dissolved firms for assessment purposes. en-us Mon, 09 Mar 1959 00:00:00 +0530 Thu, 22 Nov 2018 16:23:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277038 Unamended section 44 of the Income-tax Act made former partners jointly and severally liable for assessment and tax of a dissolved firm, but not for penalty under section 28(1)(c). The Court held that "assessment" cannot be extended to include penalty, because the Act treats assessment and penalty as distinct liabilities and penalty requires express legislative authority against the person who committed the default. The later amendment expressly adding penalty was treated as confirming that the earlier provision did not authorise it. Section 44 nevertheless applied to dissolved firms for assessment purposes. Case-Laws Income Tax Mon, 09 Mar 1959 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277038