Supreme Court · 1996 INSC 137 · Decided 29 January 1996

The Commissioner of Income Tax Central-I, Bombay v. Messrs Empire Estate, Bombay

Court
Supreme Court of India
Citation
1996 INSC 137 · [1996] 1 S.C.R. 1004
Case number
TAX REFERENCE CASE No. 13/1983
Decided
29 January 1996
Bench
J.S. VERMA, S.P. BHARUCHA, SUJATA V. MANOHAR (3-judge bench)
Outcome
Dismissed
Case type
Tax
Acts & sections cited
Constitution; Income Tax Act Section 187(2), 188, 187, 257

Headnote

Income Tax Act, 1961-Sections 187(2) and 188-Assessments- Partnership firm-Partnership deed did not provide that death of a partner ' would not dissolve the partnershi~Death of a partner-Dissolution of C partnershi~W/ien surviving partners continue business under fresh partner- D ship deed-Section applicable. The asses see, a partnership firm had three partners. One of partners died on 12.1.1974 and there being no provision in the deed of partnership contemplating the continuance of the partnership in the event of the death ~fa partner, the partnership stood dissolved. No deed of

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