1982 (9) TMI 126

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.... Said to be the question of law arising out of the Tribunal's order dated 19th January, 1982. In our opinion no referable question of law arises out of the Tribunal's order. 2. The assessee is a firm. The registration to the firm was allowed for the assessment year 1976-77. The benefit of continuation of registration was allowed for the assessment year 1977-78. The previous year of the assessee ends on Diwali day every year. 3. The Firm Chironjilal Hanumandas was constituted with three partners, namely, Shri Jainarain, Smt. Laxmibai, widow of Shri Brijmohan and Shri Gordhandas son of Shri Brijmohan. These partners became partners as a result of partnership deed executed by the partners. There is no clause in the said partnership dee....

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....come-tax Officer consequently refused the continuation of registration for the first period. 5. The learned AAC agreed with the finding of the Income-tax Officer. 6. The assessee took up the matter in appeal before the Tribunal. The Tribunal after considering the contentions of the parties and material on record held in para 4 as under: "Having heard the rival submissions, we find ourselves in agreement with the submissions made on behalf of the assessee. In our view, no other conclusion can follow after the provision contained in section 45 of the Indian Partnership Act, is claimed to apply to the partnership following the death of one of its partners on 17th September 1977. If the partnership stood dissolved, there cannot be find....

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....e death of Shri Jainarain on 17th September, 1977, the remaining two partners carried on the business. The accounts were settled up to the death of Shri Jainarain. Remaining two partners carried on business after taking over assets and liabilities of the old firm. The accounts were closed and profits were worked out upto 17th September, 1977. The assessee filed application in Form No. 12 and for the first period commencing from Diwali day upto 17th September, 1977. It was common ground that in the original partnership deed there was no contract to the contrary that after the death of a partner the firm shall not be dissolved. 8. On similar facts, in the case of Ganesh Dal Nills v. CIT (1982) 136 ITR 762 (MP), the matter was taken to the ....