MANJU RANI SETH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE applicant assessee has been assessed as an individual in the year 1977-78. A question arose as to whether the amount of interest credited to the account of her minor sons in the firms, Chandra Mukhi Onkar Nath and Lala Kashi Nath Seth, ought to be included in the income of the applicant under Section 64(1)(iii) of the Income-tax Act, 1961. THE point was decided against the assessee. On her application, however, the Tribunal has referred to this court the following question of law :

(2.) THIS is Income-tax Reference No. 350 of 1982.

(3.) HAVING heard, learned counsel for the parties, we are of the opinion that in the circumstance that the Tribunal has already referred to this court in the assessment proceedings the question whether the amount of interest credited to the accounts of the minor sons of the assessee was rightly included in the income of the assessee, the Tribunal ought to have referred the aforesaid question also to this court for its opinion in the penalty proceedings because more or less it was in the nature of a consequential question.