COMMISSIONER OF INCOMETAX Vs. NIRMALA DEVI

JUDGEMENT

(1.) THE order in this case will also govern the disposal of MCC No. 326 of 1984 (CIT v. Nirmala Devi [1987] 166 ITR 258).

(2.) BY these references under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion:

(3.) LEARNED counsel for the Revenue contended that the Tribunal erred in holding that the question of source of investment of capital by a minor was not relevant in determining the question as to whether the amount of interest could be taxed in the hands of the assessee. In reply, it was contended on behalf of the assessee that the source of investment was the decisive factor for determining whether the income in question was or was not includible in the total income of the assessee.