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1959 (5) TMI 8 - SC - Income TaxWhether the assessment of the said sum of ₹ 61,282 should be on Mr. Rohatgi personally or on the assessee Hindu undivided family ? Held that:- The finding in this case is that the promotion of the company and the taking over of the concern and the financing of it were all done with the help of the joint family funds and the said B. K. Rohatgi did not contribute anything out of his personal funds if any. In the circumstances, we are clearly of opinion that the managing director's remuneration received by B. K. Rohatgi was, as between him and the Hindu undivided family, the income of the latter and should be assessed in its hands. We, therefore, set aside the answer given by the High Court to the second question and answer the same by saying that the assessment of the whole of the sum of ₹ 61,282 should be on the assessee Hindu undivided family. The result is that this appeal is allowed.
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