2002 (12) TMI 40

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....wal, learned counsel for the assessee, and Sri Ashok Kumar, learned counsel for the Department. This is a reference under section 256(1) of the Income-tax Act, 1961. The following two questions have been referred to us: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in upholding the order of the Commissioner of Income-tax (Appeals) directi....

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....istence so far as the Partnership Act is concerned, but so far as the Income-tax Act is concerned the case is to be decided in the light of sections 187 and 188 of that Act. Section 188 applies only in those cases where the case is not covered by section 187(2) of the Income-tax Act. Section 187(2) states: "For the purposes of this section, there is a change in the constitution of the firm- ....