COMMISSIONER OF INCOME TAX Vs. S.P. BHATNAGAR

JUDGEMENT

(1.) THE Tribunal, Delhi, has referred the following questions under s. 256(1) of the IT Act, 1961 (hereinafter called 'the Act') :

(2.) THE dispute relates to the asst. yr. 1970 -71. The assessee is an individual deriving income from medical profession and is a partner in the firm M/s Rohit & Company, in Roorkee.

(3.) THE contention of the assessee is that he was partner as a Karta of his family and therefore, the share income of the above firm was the income of his HUF. The ITO, in the reassessment proceedings for the relevant assessment year, added the share income of M/s Rohit & Company in the hands of the assessee, treating it as his income.