COMMISSIONER OF INCOME TAX Vs. KUMARASWAMI V

JUDGEMENT

(1.) AT the instance of the Revenue, the following question has been referred to this court for its opinion by the Income-tax Appellate Tribunal :

(2.) A similar question came up for consideration before this court in T.C. No. 1231 of 1977 and this court by judgment dated February 4, 1983. (CIT v. S. Balasubramaniam [1984] 147 ITR 732) has held that the share income of the minors could be clubbed under section 64(1)(ii) of the Income-tax Act, 1961, in the hands of the assessee even if he represents the joint family in the firm and not in his individual capacity. The said decision has been followed in the decision in T.C. Nos. 458 to 461 of 1978 and 530 of 1978, dated September 28, 1983, by another Division Bench. Having regard to the said decision, the question in this case has to be answered in the negative and against the assessee.