ROOPCHAND CHANDANMAL AND CO. vs COMMISSIONER OF Income Tax, ANDHRA PRADESH. LAKSHMI SATYANARAYANA OIL MILLS v. COMMISSIONER OF Income Tax, ANDHRA PRADESH.

JAGANMOHAN REDDY J. - The question that has been referred to us is :

"Whether, on the facts and in the circumstances of the case, the appeal filed by an ex-partner of the dissolved firm before the Appellate Assistant Commissioner was competent ?"

Perhaps, at the time when the Appellate Tribunal refused to entertain the appeal, it had very probably applied the principles settled by the Full bench in Commissioner of Income Tax v. Rayalaseema Oil Mills. But later their Lordships of the Supreme Court in C. A. Abraham v. Income Tax Officer, Kottayam, have held that penalty and assessment can be made on partners of the firm even after the dissolution of the firm. Having regard to this principle, an ex-partner of a dissolved firm also can, as a consequence of this decision, agitate in appeal any penalty or assessment made against him and by which he is aggrieved. Several references of this nature have also been answered by this court in the affirmative.

This reference is answered accordingly. No order as to costs. Advocates fee Rs. 50 only in one case.