LAWS(MAD)-2003-3-28

COMMISSIONER OF INCOME TAX Vs. GOLDEN TOUCH

Decided On March 26, 2003
COMMISSIONER OF INCOME-TAX Appellant
V/S
GOLDEN TOUCH Respondents

JUDGEMENT

(1.) THE question raised in this appeal filed by the Revenue is :

(2.) THE assessment year is 1994-95.

(3.) HAVING regard to that position in law, the remuneration paid to the individual partners who are working partners is not to be disallowed on the sole ground that such partners were nominees of their Hindu undivided families. Even as the Hindu undivided family cannot claim that remuneration paid to the partners representing it, is remuneration paid to the Hindu undivided family, so also the Assessing Officer cannot regard to the remuneration paid to such partner, who is also a working partner, as remuneration paid to the Hindu undivided family.