COMMISSIONER OF INCOME TAX Vs. SUKHLAL SOHANLAL

JUDGEMENT

(1.) THE question which was referred by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (for short "the Tribunal"), to this court, vide its order dated June 29, 1983, was :

(2.) THE aforesaid question arose out of the order passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, dated November 25, 1982. THE Tribunal, vide its order dated November 25, 1982, took the view that the anterior partnership firm stood dissolved on the death of Mohanlal, one of the partners, on February 6, 1977, and that after the death of Mohanlal, a new firm came into existence from February 14, 1977, in accordance with the partnership deed dated February 17, 1977. THE Tribunal differed from the view taken by the Punjab and Haryana High Court in Nandlal Sohanlal v. CIT [1977] 110 ITR 170 (All) [FB] and followed the view taken by the Andhra Pradesh High Court in Addl. CIT v. Vinayaka Cinema [1977] 110 ITR 468 (AP) [FB].