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2002 (7) TMI 18 - HC - Income Tax"Whether, the finding of the Appellate Tribunal that no sub-partnership was formed between the assessee and his wife, Smt. Suryakanta Natwarlal, and the share of the assessee's wife could not be included in the income of the assessee, is correct in law and sustainable from the material on record?" - Nothing was pointed out to us which would show that the requirements of partnership as stated above were satisfied in the present case. Simply, on the basis of the inference drawn by the Revenue, it cannot be said that sub-partnership was created. We, therefore, agree with the reasoning given by the Tribunal and hold that no sub-partnership was formed between the assessee and his wife and the share of the assessee's wife could not be included in the income of the assessee. We, therefore, answer the question in the affirmative, i.e., in favour of the assessee and against the Revenue.
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