P ALWARSAMY Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) AT the instance of the assessee, the Tribunal referred the following question under S. 256(1) of the IT Act, 1961 for the asst. yr. 1976-77 for the opinion of this Court:

(2.) IN view of the decision of the Madras High Court in CIT vs. P. Alwarsamy (1995) 211 ITR 353 (Mad), in the case of the same assessee, wherein it was held that the income arising to the minor sons of the assessee as a result of their admission to the benefits of partnership was liable to be included in his total income under S. 64(1)(iii) of the Act, notwithstanding that the assessee had no income of his own from any source whatsoever, we answer the question referred to us in the affirmative and against the assessee. No costs.