1989 (3) TMI 81

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....TG. C. J.-By this reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the firm was not dissolved on the death of Shri....

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.... filed in the name of the assessee-firm one for the period from April 1, 1976, to August 25, 1976 and the other for the period from August 26, 1976, to March 31, 1977. In the statement accompanying the return, it was stated by the assessee that, after the death of one of the partners, the firm stood dissolved and the remaining partners continued to wind up the business in the status of an associat....

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....eference and it is at the instance of the assessee that the aforesaid two questions of law have been referred to this court for its opinion. Now, as regards question No. (1), the Tribunal has found that there was a clause in the partnership deed of the firm that death of a partner would not result in the dissolution of the firm and that the subsequent conduct of the surviving partners disclosed....

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....gistration from April 1, 1976, to August 25, 1976, and that the firm would be assessed as a registered firm till August 25,1976, and as an unregistered firm for the remaining part of the previous year. As regards question No. 2, the Tribunal held that the assessments made on the partners were protective in view of the noting made in the assessment order passed in the case of two out of the four....