2008 (1) TMI 571

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....y the assessee challenging the concurrent findings of the Assistant Commissioner of Income-tax, the Commissioner of Income-tax (Appeals), Hubli, and the Income-tax Appellate Tribunal, Bangalore Bench, in I. T. A. Nos. 629 to 632/Bang/2003, raising following substantial question of law: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that....

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....ich the assessee has filed an appeal. The Commissioner of Income-tax (Appeals) by his order dated July 20, 2000 allowed the appeal filed by the assessee and remanded the matter to the Assessing Officer for fresh consideration. The Assessing Officer passed an order of reassessment pursuant to an order of remand by holding that there is no evidence on record to show that the firm is dissolved, the p....

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.... Assessing Officer did not consider the effect of section 26 of the Income-tax Act, 1961. According to him, the Assessing Officer has given a definite finding that the firm is not dissolved, which would show that the firm is in existence. If the firm is in existence, it has to be assessed to tax as a firm by look-ing into the terms and conditions of the partnership deed. Learned counsel contends t....