COMMISSIONER OF INCOME TAX Vs. J RAMASWAMY

JUDGEMENT

(1.) THE question referred to us at the instance of the Revenue is as to whether the share income of the minors who are beneficiaries of the trust which is a partner in the firm cannot be clubbed in the hands of the assessee under s. 64(1)(iii) of the IT Act.

(2.) THE question itself is badly framed. That any benefit has been received by the minors is not the finding of the Tribunal. THE Tribunal has held that under the terms of the trust deed, the benefit to be given to the minor children is not during the period of their minority but only after they attain the age of majority.