1978 (1) TMI 86

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..... eevi was the wife of Shri K.M. Mohamed Kutty. She had returned an income of Rs. 10,000 which represented the increase in deposits in her name as well as in the names of the assessee's minor daughters. The ITO, C-Ward, Alleppey made an assessment on 31st Aug., 1976 completing the assessment as under: "Net income returned Rs. 10,000 Less: Increase in deposits in the name of the assessee's minor .....

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..... ildren's names as the income of the appellant. There can be no complaints against this. Therefore, the conclusion is upheld. 4. The assessee has come on appeal before me. I am unable to understand how the said income could be included in the hands of the assessee. The assessee's wife has claimed that increase in her deposits consisted partly deposits made in name as well as in the names of the m .....

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..... of the view that s. 64(1)(i) can apply only to a case which deals with an income arising to the spouse of such individual from the membership of the spouse in a firm carrying on a business in which such individual is a partner, where only Expln. (1) gives option to Revenue to assess in the hands of the spouse whichever is advantageous to the Revenue. The ITO has not assigned any reason why the cl .....

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