Per Shri R.L. Sangani Judicial Member - These two appeals by the assessee relating to assessment years 1981-82 and 1982-83 are directed against two separate orders passed by the learned CIT, Gujarat-III, Ahmedabad on 20-3-1985 in exercise of powers under section 263 of the IT Act, 1961.

ITA No. 1174/Ahd./1985 :

2. A business of manufacture of soap detergent power used for washing clothes was being carried on by a firm in the trade name of M/s. Neo Detergent since 1-4-1979 in which there were seven partners as follows :

(1) Udaykumar K. Baraiya as trustee of Udaykumar Baraiya Family Trust;

(2) Udaykumar K. Baraiya, as an Individual;

(3) Jethiben Khodidas Patel;

(4) Bhikhiben R. Patel;

(5) Virchanddas Vandas Patel;

(6) Pramodkumar Kanjibhai Patel; and

(7) Smt. Maniben Kantilal Patel.

The last named partner viz., Smt. Maniben K. Patel retired from partnership with effect from 31-12-1979. With effect from that date the said firm was reconstituted. A deed of partnership dated 3-1-1980 was executed. Smt. Maniben retired from partnership and Shri Karsanbhai Kacharabhai Patel as trustee of the assessee-trust (Neo Trust) joined the partnership as partner. This reconstituted firm commenced busi