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1984 (12) TMI 117

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..... oyment with M/s Toshniwal Industries (P) Ltd. For the assessee Mr. Dani submitted that the assessee as well as his wife were employed by M/s Toshniwal Industries (P) Ltd., Ajmer and the assessee's wife a science graduate was in the employment of the company since 1972. The company manufactures scientific instruments. The company is a family concern in which the assessee's wife is a member. In the .....

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..... to attend to various manufacturing process relating to scientific instruments. The assessee, therefore, said the possess technical qualification as far as the employment is concerned. Mr. Dani thereafter submitted the Tribunal's Judgment of Madras, Hyderabad and Ahmedabad, etc., where the qualification, the technical expertise and professional qualities have been examined. Relying on the these jud .....

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..... o clear that the salary was not paid by the assessee to his wife. it is also accepted fact that the assessee and his wife received salary by virtue of their employment in a concern which is their family concern. by applying s. 64(1)(ii) it seems apparent that the assessee has substantial interest in the concern. The various judgments of the tribunal filed by the assessee indicate that s. 64(1)(ii) .....

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