Babubhai Narottamdas & Co v. The Income-Tax Officer, Ward 24(3)(4) & Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORIGINAL SIDE INCOME TAX APPEAL NO. 517 OF 2002 Babubhai Narottamdas & Co. vs. 1. The Income-tax Officer,Ward 24(3)(4) & anr.Ward 24(3)(4) & anr. Appellant Respondents Mr.M. Subramanian i/b. Mr.V.S. Hedade for theappellant. Mr.R.V.Desai with Ms.S.V. Bharucha and Mr.VijayKantharia i/b. Mr.Pankaj Kapur for the respondents. CORAM: R. M. LODHA &J.P.DEVADHAR,JJ. DATED: 7th September 2004 P.C. Heard Mr.M. Subramanian, the learned counsel for the appellant. 2. The Tribunal in the impugned order observed thus: "5. We have carefully considered thesubmissions made by the rival parties. Theoriginal firm was constituted on 5.4.1980wherein Smt. Rasilaben Kantilal was also apartner. Smt. Rasilaben Kantilal later onwanted to retire from the firm but somedisputes arose amongst the partners for thedissolution of the firm. Smt.RasilabenKantilal moved Bombay High Court fordissolution and account of the firm. This wasdone on 3.5.1985. Therefore, the contentionof the learned counsel that the firm wasdissolved by 9.10.1984 is without any basis.The order of the Hon’ble Bombay High Courtalso confirms that the firm was in existence 9.10.1984, but continued to be in existence until October 1985. The consideration of the matter by the Tribunal is concluded on facts. 4. No substantial question of law arises. 5. Appeal is dismissed in limine. (R.M. LODHA,J.)(J.P. DEVADHAR,J.)