COMMISSIONER OF INCOME TAX Vs. AMAR IRON STORES

JUDGEMENT

(1.) THIS is a reference under S. 256(2) of the IT Act on the direction of this Court in which the following question has been referred to us for opinion :

(2.) ONE of the partners Gulshan Kumar died on 18th Sept., 1976, and there is no mention in the Partnership deed that the partnership will continue after the death of any partner. In view of this and the decision given by the Supreme Court in CIT vs. Empire Estate (1996) 132 CTR (SC) 221 : (1996) 218 ITR 355 (SC) the partnership stood dissolved and as such there should be two assessments.