LAWS(ALL)-2003-8-235

CIT Vs. DASONDI RAM NAND KUMAR

Decided On August 05, 2003
CIT Appellant
V/S
Dasondi Ram Nand Kumar Respondents

JUDGEMENT

(1.) IN this reference, the following question has been referenced for our opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct to confirm the decision of the learned CIT(A) who has directed to make two separate assessments for two periods on the basis of two returns filed by the appellant?'

(2.) THIS issue has been considered by a Constitution Bench of this court in Vishwanath Seth v. CIT : [1984]146ITR249(All) and considering the provisions of section 187 of the Income Tax Act, 1961, the court held that reconstitution without dissolution of the firm does not bring into existence of a new firm.