1976 (2) TMI 50 - AT - Income Tax

Summary

Issues:
- Assessment of share income from partnership firms in individual's hands
- Applicability of section 64(1)(ii) of the Income Tax Act
- Effect of partial partition and subsequent events on income assessment

Analysis:

The appeal before the Appellate Tribunal ITAT Chandigarh involved the assessment of share income from three partnership firms in an individual's hands. The dispute centered around whether the entire share income should be assessed in the individual's hands or if only a portion was includible. The Income Tax Officer (ITO) initially assessed the entire share income in the individual's hands under section 64(1)(ii) of the IT Act. However, the Appellate Assistant Commissioner (AAC) accepted the assessee's contention that only a portion of the share income should be included in the income computation. This led to the Department appealing the decision.

The Tribunal noted that there was no evidence to show that the individual's minor children were admitted to the benefit of the partnerships in question, rendering section 64(1)(ii) inapplicable. It was established that a partial partition had taken place, affecting the distribution of assets and dues among family members. The AAC's decision was based on the fact that only the individual's specified share of income, as per the memoranda related to the partition, should be assessed in his hands. The Tribunal further emphasized that previous assessments had been made in accordance with the memoranda and legal provisions, and the Department failed to provide new justifications for departing from these findings.

Regarding the application of the rule of diversion of income by an overriding title, the Tribunal referred to a Supreme Court ruling to determine whether the income truly belonged to the assessee. The share of income from the partnership firms was analyzed in light of the partial partition and subsequent events, such as the death of the individual's wife and the relinquishment of shares by daughters. Ultimately, the Tribunal concluded that an overriding title had been created by the principles of Hindu Law and the acts of the parties, leading to the dismissal of the Department's appeal.

In conclusion, the Tribunal upheld the AAC's order, dismissing the Departmental appeal based on the established facts and legal principles governing the assessment of share income in the individual's hands.