TMI Blog1963 (9) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate (W. C. Chopra and D. S. Mehra, Advocates, with him), For the Respondent : U. A. Rana, Anand Prasad and Rajiv Tyagi, Advocates, S. K. Bagga, Senior Advocate (Muni Lal Varna, Mrs. Sureshta Bagga and Seeraj Bagga, Advocates, with him), ORDER Civil Appeal Nos. 861-862 of 1984 Jeevan Reddy J. These appeals arise from the judgment of the Punjab and Haryana High Court dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irm. The Income-tax Officer sought to include the income accruing to the said minors in the income of the assessee, which was objected to by him. The Tribunal agreed with him, whereupon the Revenue applied for referring the above question under section 256(1). It was rejected by the Tribunal. The Revenue then approached the High Court under section 256(2). The High Court refused its request. The H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from April 1, 1976). Shah J., speaking for the Division Bench, observed ( at page 29 ) : " Income for the period November 19, 1949, to September 30, 1950, being assessed to tax as the income of a Hindu undivided family and not of an individual, section 16(3)(a)(ii) plainly did not apply and the income of the minor children of Hirday Narain could not be included in the income o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordingly fail and are dismissed. No order as to costs. Civil Appeal No. 2989 of 1983 : It is conceded that this appeal has to be dismissed following our decision in Civil Appeals Nos. 861-62 of 1984. Though this case arises under section 64(1)(i), the principle of our decision in Civil Appeals Nos. 861-62 of 1984 rendered with reference to section 64(1)(ii) applies equally here. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 64(1)(i) before it was amended in the year 1975. The assessment years concerned are 1973-74 and 1975-76. It is found by the Tribunal that the husband was the partner in the partnership-firm in his capacity as the karta of the Hindu undivided family. Following the principle of our decision in Civil Appeals Nos. 861-62 of 1984, these appeals too fail and are dismissed. No costs. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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