1985 (2) TMI 31

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....PRASAD J.-The question which was referred by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short " the Tribunal to this court, vide its order dated June 29, 1983, was : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the firm stood dissolved on the death of Shri Mohanlal (partner) on February 6, 1977, and, therefore, two separa....

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....Court in Addl. CIT v.Vinayaka Cinema [1977] 110 ITR 468 (AP) [FB]. It may be observed that this court has taken the same view as was taken by the Andhra Pradesh High Court, viz., that the earlier firm stands dissolved on the death of any of its partners and if there is a fresh partnership deed, a new firm comes into existence and that there should be two separate assessment proceedings, in resp....

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....ment) Act, 1984, added the following proviso to sub-s. (2) of s. 187 of the I.T. Act, 1961, with retrospective effect from April 1, 1975: " Provided that nothing contained in clause (a) shall apply to a case where the firm is dissolved on the death of any of its partners." It may be pointed out that the present case relates to the assessment year 1978-79 and as the amendment introduced in s.....