2005 (11) TMI 34

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....ed the following question under section 256(2) of the Income-tax Act, 1961 ("the Act"), at the instance of the Commissioner of Income-tax. "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that there should be two separate assessments in the case of the assessee?" The assessment year is 1981-82. The assessee, a partnership firm came in....

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...., therefore, rejected the request of the assessee to make two separate assessments and framed only one assessment comprising of the accounting period commencing on October 22, 1979 and ending on March 31, 1981. The assessee carried the matter in appeal. The Commissioner (Appeals) accepted the contention raised on behalf of the assessee that the issue was concluded by the decision of the Gujarat H....

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....dissolution of the partnership and the provisions of section 188 of the Act could not be applied to the facts of the case. Mrs. Swati Soparkar, the learned advocate appearing on behalf of the respondent-assessee relied on the impugned order of the Tribunal. As can be seen from the impugned order of the Tribunal, it has accepted as a matter of fact that, in the new partnership deed, which was exec....