1982 (5) TMI 17

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....estion sought to be referred at the instance of the Department in this application under s. 256(2) of the I.T. Act, 1961, is as follows, " Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in upholding the AAC's order directing the ITO to make two separate assessments for the two periods during which the assessee-firm continued its business under differe....

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....ccession income on the original firm and an assessment of the post-succession income in the hands of the new firm. Whether factually there has been a change in the constitution of the firm or there has been a succession is obviously a question of fact but it can be a mixed question of fact and law because the statute has provided in s. 187 the circumstances in which there is a change in the consti....

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....ere was a dissolution of the partnership by operation of law. On 14th July, 1972, the two surviving partners entered into a partnership with Mrs. Sheela Rani Khullar, widow of the deceased partner. The books of account of the old firm were closed on 7th July, 1972, and the profit and loss was ascertained and apportioned in accordance with the original partnership deed. On these facts, the ITO thou....