1986 (6) TMI 21

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ence under section 256(1) of the Incometax Act, 1961, to answer the following questions of law, namely "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that in the case of the assessee, there was no dissolution of the firm but only a change in its constitution in view of the specific clause in the partnership deed and, therefore, two s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of the case, the Appellate Tribunal was justified in setting aside the order of the Appellate Assistant Commissioner and restoring that of the Income-tax Officer refusing registration and assessing the assessee in the status of an unregistered firm ?" The relevant year is 1974-75. The assessee-firm consisted of three partners. During the relevant year, one of the partners, Smt. Dhambai, died o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-tax Act and it was not a case governed by section 188 of the Act. Accordingly, the view taken by the Income-tax Officer was upheld by the Tribunal and a single assessment for the entire accounting year was held to be the correct view. Aggrieved by this conclusion of the Tribunal and its conclusion on ancillary matters, the assessee applied for a reference to this court leading to a reference of t....