1999 (12) TMI 16

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....f the Income-tax Act, 1961, referred the following question of law for the opinion of this court : "Whether, on the facts and in the circumstances of the case, there was only a change in the constitution of the assessee-firm on January 6, 1976, within the meaning of section 187(2) of the Income-tax Act, 1961, and, therefore, one single assessment covering both the periods, namely, from April 1,....

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....n as a partner. The firm filed two returns of income, one for the period April 1, 1975, to January 4, 1976, and the other January 6, 1976, to March 31, 1976. The Assessing Officer treated it to be a case of mere reconstitution of the firm and made a single assessment. The assessee appealed to the Commissioner of Income-tax (Appeals) who held that there was no clause in the partnership deed to the ....

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....hat it is not a case of reconstitution of a firm within the meaning of sub-section (2) of section 187 of the Act and the Tribunal has not held that a single assessment was justified. We, therefore, reframe the question as under : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a single assessment for the periods April 1, 1975, to January 4, 19....