1998 (11) TMI 69

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....the following questions of law have been referred to this court for its opinion along with the statement of case arising out of the Tribunal's appellate order dated April 18, 1983, relating to the assessment year 1978-79 : "1. Whether, on the facts and, in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that the death of the partner, Shri Jayantilal Moha....

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....lal, son of Jayantilal, and business was carried on in the same name and style. The assessee claimed that on the death of partner Jayantilal, the firm stood dissolved and by the deed of May 17, 1977, a new firm has come into existence hence the old firm, Naresh, Tea Stores, with Jayantilal as one of its partners, should be assessed only for the period up to May 15, 1977, namely, up to the date of ....

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....n terms provided that the provisions of the Partnership Act would be applicable to the partnership in respect of all matters not spelt out in the deed itself. On this premise, the Tribunal found that the provisions of the partnership Act would prevail in the absence of a contract to the contrary and the partnership came to an end on the death of Jayantilal, as provided in section 42 of the Part....