INCOME TAX OFFICER 17(2)(4), MUMBAI vs. NARSHI NENSHI & SONS, MUMBAI
In the result, appeals of the revenue are dismissed and the cross objections of the assessee are partly allowed as indicated above
ITA 1169/MUM/2018[2012-13]Status: DisposedITAT Mumbai10 Jan 2020AY 2012-13
Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble
For Appellant: Ms Dinkle HariaFor Respondent: Ms. Kavita P.Kaushik
Section 78(2)
…th the question regarding applicability of Section 78(2) of the Act in the context of succession to the business of a deceased partner in the partnership. In that case, this court has approved the decision of the Bombay High Court in CIT v. Bai Maniben [1960] 38 ITR 80, wherein the High Court has observed that the conclusion of the Tribunal as to whether there was succession by inheritance is one of a question of fact. 7. Having regard to the finding recorded by the Tribunal after taking into consideration the facts and circumstances that the partners, as heirs, had succeeded to the business of the deceased which…