COMMISSIONER OF INCOME TAX Vs. DASS BROS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is an income-tax reference under s. 256(1) of the IT Act in which the following questions of law have been referred to us for our opinion :

(3.) IN the present case there is an addition of one more partner but two old partners continued. Hence in view of the provisions of s. 187(2) of the Act it is reconstitution of the firm and accordingly there has to be a single assessment in view of the decision in the case of Vishwanath Seth vs. CIT (1984) 38 CTR (All)(FB) 366 : (1994) 146 ITR 249 (All)(FB).