1987 (7) TMI 67

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...., 1961 (hereinafter referred to as " the Act"), at the instance of the Revenue for answering the following question of law, namely: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there was no error in the order of the Income-tax Officer as the firm stood dissolved on the death of Shri Assumal, partner, on August 11, 1975, and, therefore, two ....

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.... two periods were required to be made. The Commissioner of Income-tax set aside the Income-tax Officer's order in exercise of his jurisdiction under section 263 of the Act taking the view that this was a case of a mere change in the constitution of the firm on the death of a partner, so that only one assessment for the entire assessment year had to be made. The Tribunal thereafter took the view th....

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....ners. " After the insertion of this proviso in sub-section (2) of section 187, it is beyond controversy that it cannot be treated as a case of a change in the constitution of the firm as defined in section 187(2) of the Act, since the firm stood dissolved on the death of one of the partners under the general law of partnership in the absence of a contract to the contrary. Accordingly, it is a c....