1984 (10) TMI 14

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....ribunal referred a batch of cases concerning the interpretation of the provision of section 187 of the Income-tax Act, 1961. The assessee is a partnership firm. One of the partners died during the accounting year relevant to the assessment year under consideration. The assessee claimed that on the death of the partner, there is a dissolution of the partnership firm under section 42(c) of the In....

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....was that the provisions of section 187 are clearly applicable to the present case and, consequently, one single assessment has to be made treating that there was merely a change in the constitution of the firm under section 187(2) of the Income-tax Act, 1961. When the matter was carried in appeal by the assessee, the Income-tax Appellate Tribunal allowed the assessee's contention that on the de....

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....ther for the period subsequent to the death till the end of the accounting year relevant to the assessment year under consideration. That apart, we may refer to the amendment of section 187 by section 33 of the Taxation Laws (Amendment) Act, 1984. A proviso was newly inserted to sub-section (2) of section 187 to the following effect : " Provided that nothing contained in clause (a) shall app....