Death of a partner with only 2 partners

This query is : Resolved 

15 July 2023 There are 2 partners in a firm , one of the partner died so whether it becomes proprietorship concern now but pan is in the name of the firm, how to keep the same firm name going, does the asset becomes the asset of the existing partner, not able to understand how to go about it..
Thanks you

15 July 2023 it is settled law that ordinarily on the death of a partner, the partnership firm is automatically dissolved vide section 42 of the Indian Partnership Act.

16 July 2023 Thank u so much Sir, u r always a great help then whether the pan of the firm will be non existent or can a new partner be added to the same firm

16 July 2023 Yes, the firm gets automatically dissolved and PAN has to be surrendered.
Existing partner has to complete the formalities of any tax liability till the time of dissolution.
He can form second partnership firm may be under same banner, if permitted, may transfer his original assets to new firm and apply for new PAN no.

17 July 2023 Thanks a ton Sir..great help

17 July 2023 You are welcome.


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