Section 330 — Firm dissolved or business discontinued
(1) Where a firm is dissolved or any business or profession carried on by it
has been discontinued, the Assessing Officer shall make an assessment of the
total income of the firm, as if no such dissolution or discontinuance had taken place,
and all the provisions of this Act, including the provisions relating to the levy of a
penalty or any other sum chargeable under any provision of this Act, shall apply,
so far as may be, to such assessment.
(2) Regardless of the generality of sub-section (1), if the Assessing Officer or Joint
Commissioner (Appeals) or Commissioner (Appeals), in the course of any proceed-
ing under this Act in respect of any such firm as referred to in that sub-section, is
satisfied that the firm was guilty of any of the acts specified in Chapter XXI, he may
impose or direct the imposition of a penalty as per the provisions of that Chapter.
(3) Every person who was at the time of such dissolution or discontinuance a partner
of the firm, and the legal representative of any such person who is deceased, shall be
jointly and severally liable for the amount of tax, penalty or other sum payable, and
all the provisions of this Act, so far as may be, shall apply to any such assessment
or imposition of penalty or other sum.
(4) Where such dissolution or discontinuance takes place after any proceedings in
respect of a tax year have commenced, the proceedings may be continued against
the person referred to in sub-section (3) from the stage at which the proceedings
stood at the time of such dissolution or discontinuance, and all the provisions of
this Act shall, so far as may be, apply accordingly.
(5) The provisions of this section shall not affect the provisions of section 302(4).
Related sections
- Section 302 — 1.—Legal representatives Legal representative
- Section 303 — 2.—Representative assessees—General provisions Representative assessee
- Section 304 — Liability of representative assessee
- Section 305 — Right of representative assessee to recover tax paid
- Section 306 — Who may be regarded as agent
- Section 307 — Charge of tax where share of beneficiaries unknown
- Section 308 — Charge of tax in case of oral trust
- Section 309 — Method of computing a member’s share in income of association of persons or body of individuals
- Section 310 — Share of member of association of persons or body of individuals in income of association or body
- Section 311 — Charge of tax where shares of members in association of persons or body of individuals unknown, etc
- Section 312 — Executor
- Section 313 — Succession to business or profession otherwise than on death
- Section 314 — Effect of order of tribunal or court in respect of business reorganisation
- Section 315 — Assessment after partition of Hindu undivided family
- Section 316 — Shipping business of non-residents
- Section 317 — Assessment of persons leaving India
- Section 318 — Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose
- Section 319 — Assessment of persons likely to transfer property to avoid tax
- Section 320 — Discontinued business
- Section 321 — Association dissolved or business discontinued
- Section 322 — Company in liquidation
- Section 323 — 13.—Private companies Liability of directors of private company
- Section 324 — 14.—Assessment of firms Charge of tax in case of a firm
- Section 325 — Assessment as a firm
- Section 326 — Assessment when section 325 not complied with
- Section 327 — 15.—Change in constitution, succession and dissolution Change in constitution of a firm
- Section 328 — Succession of one firm by another firm
- Section 329 — Joint and several liability of partners for tax payable by firm
- Section 331 — 16.—Liability of partners of limited liability partnership in liquidation Liability of partners of limited liability partnership in liquidation
- Section 332 — Application for registration
- Section 333 — Switching over of regimes
- Section 334 — Tax on income of registered non-profit organisation
- Section 335 — Regular income
- Section 336 — Taxable regular income
- Section 337 — Specified income
- Section 338 — Income not to be included in regular income
- Section 339 — Corpus donation
- Section 340 — Deemed corpus donation
- Section 341 — Application of income
- Section 342 — Accumulated income
- Section 343 — Deemed accumulated income
- Section 344 — Business undertaking held as property
- Section 345 — Restriction on commercial activities by a registered non-profit organisation
- Section 346 — Restriction on commercial activities by registered non-profit organisation, carrying out advancement of any other object of general public utility
- Section 347 — Books of account
- Section 348 — Audit
- Section 349 — Return of income
- Section 350 — Permitted modes of investment
- Section 351 — Specified violation
- Section 352 — Tax on accreted income
- Section 353 — Other violations
- Section 354 — Application for approval for purpose of section 133(1)(b)(ii)
- Section 355 — Interpretation