COMMISSIONER OF INCOME TAX Vs. SHYAM MEDICAL AGENCIES

JUDGEMENT

(1.) THE Tribunal, Delhi, has referred the following question of law under s. 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court : "Whether, on the facts and in the circumstances of the case, the learned Tribunal was, in law, justified in upholding the order of the DC (Appeals) who had directed the AO to make two separate assessments for the two periods and not a single assessment, whereas in the circumstances of the case, there is not a succession, but a change of the constitution -

(2.) THE dispute relates to the asst. yr. 1984 -85.

(3.) THE relevant facts in brief are as follows : The respondent -assessee, a partnership firm, filed two returns for the asst. yr. 1984 -85 for two periods as one of its rejected by the AO who took the view that this is a case of change of constitution of the firm. In appeal, the DC (Appeals) held that there should have been two separate assessments for the aforesaid periods. The said order was confirmed by the Tribunal.