2003 (2) TMI 51

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.... in which the following questions have been referred: "(1) Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in upholding the order of the Commissioner of Income-tax (Appeals) directing the Income-tax Officer to assess the income of the periods separately ? (2) Whether, on the facts and in the circumstances of the case, it was not the case o....

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....Department went in further appeal to the Tribunal. But the Tribunal rejected the appeal following the decision of the Full Bench in Badri Narain Kashi Prasad v. Addl. CIT [1978] 115 ITR 858 (All). Section 187(2) of the Income-tax Act states: "(2) For the purposes of this section, there is a change in the constitution of the firm (a) if one or more of the partners cease to be partners or one ....