Shevantibhai C. Mehta vs Income Tax Officer on 28 August, 2003
No doubt, a different view than that of Hon'ble Bombay High Court in the case of Tribhuvandas G. Patel (supra) and Delhi High Court in the case of Bishan Lal Kanodia (supra) was taken by the Hon'ble Andhra Pradesh High Court in the case of L. Raghukumar (supra) while holding that the decision of Hon'ble Supreme Court in Narayanappa v. Bhaskara Krishnappa which lays down the proposition of law unequivocally applies to the case of retirement of a partner in the context of taxability of the amount received on retirement as a long-term capital gain and there is no distinction between the retirement of a partner and dissolution of a firm even in this context and although the said decision of Hon'ble Andhra Pradesh High Court has been affirmed by the Hon'ble apex Court in (2001) 247 ITR 801 (SC) (supra), their Lordships have simply relied on the decision of Hon'ble Gujarat High Court in the case of CIT v. Mohanbhai Pamabhai (supra) which was affirmed by them in (1987) 165 ITR 166 (SC) (supra).