1996 (7) TMI 46

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....In compliance with the order of this court dated April 6, 1983, the Tribunal referred the following question for the opinion of this court under section 256(2) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case and having regard to the provisions of section 187(2) of the Income-tax Act, the Appellate Tribunal was justified in law in holding that consequent....

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.... governed by all the provisions of the Indian Partnership Act, 1932. Under section 42 of the Partnership Act, subject to contract to the contrary, a firm is dissolved by the death of a partner. On July 17, 1972, a partner died and since there was no contract to the contrary, it was found that the partnership stood dissolved and a new partnership firm was constituted by a fresh deed dated July 21, ....

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.... after the date of death during the previous year for the assessment year 1973-74. In the present case, there is no clause in the original partnership deed for the continuation of the firm. When there is a written contract, it is not possible to substitute any clause to the written contract by an oral agreement since the written contract can be varied only by another written contract. It furthe....