1986 (11) TMI 92 - AT - Income Tax

Summary

Issues:
1. Clubbing up of shares of Shri Satish Kumar in the hands of Shri Rattan Lal HUF.
2. Addition of Rs. 4,000 on account of low household expenses.

Analysis:

Issue 1: Clubbing up of shares of Shri Satish Kumar in the hands of Shri Rattan Lal HUF

The appeal raised two grounds: the clubbing up of Satish Kumar's shares in Rattan Lal HUF and the addition of Rs. 4,000 for low household expenses. The firm M/s Fancy Cloth House underwent a change in constitution in 1979, with Satish Kumar becoming a partner. The Income Tax Officer (ITO) included Satish Kumar's share in Rattan Lal HUF's income, citing the introduction of capital from the HUF. The Appellate Authority Commissioner (AAC) upheld this decision. However, the appellant argued that Satish Kumar returned the capital to the HUF and the partnership deed did not specify him as a sleeping partner. The partnership deed also did not mandate capital contribution from all partners. The appellant contended that Satish Kumar was a working partner, supported by his statement and the partnership deed. The Tribunal found that the partnership deed did not require capital contribution and did not label Satish Kumar as a dormant partner. Satish Kumar actively worked in the business, and his registration as a partner was based on the partnership deed and his statement. The Tribunal accepted the appellant's claim, ruling that Satish Kumar's share should not be clubbed with Rattan Lal HUF's income.

Issue 2: Addition of Rs. 4,000 on account of low household expenses

Regarding the addition of Rs. 4,000 for low household withdrawals, the appellant argued that the addition was unwarranted as other partners also had additions in their accounts. However, the Tribunal noted that those partners were not part of Rattan Lal HUF. It was observed that Satish Kumar, belonging to the HUF, had no withdrawals, leading to the addition of Rs. 2,500 in his account. Considering this, the Tribunal sustained an addition of Rs. 1,500 in Rattan Lal HUF's hands, as Rs. 2,500 was already added to Satish Kumar's account. Consequently, the Tribunal partially allowed the appeal, reversing the AAC's decision on the clubbing up of shares but upholding the addition of Rs. 1,500 for low household withdrawals.