TMI Blog1981 (9) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... ontention, which has been raised by the revenue in the three appeals filed by it, for the asst. yrs. 1970-71 to 1972-73, is that the AAC was wrong in holding that the share income of the minor sons of the assessee should not have been included in his total income, under the provisions of s. 64. The brief facts, relating to the controversy, are as follows : 3. There was a HUF, consisting of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re completed for these years, the ITO had not made such inclusion. However, on the advise of the Revenue Audit, the ITO reopened the assessments u/s 147 of the Act, and completed the reassessments by including such share income. 4. On appeal by the assessee, the AAC found that the ITO had made similar assessments for the asst. yrs. 1973-74 and 1974-75, but on appeal by the assessee, the IT Appl. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in the case of CIT v. Sanka Sankariah 1978 CTR (AP) 24 : (1978) 113 ITR 313 (AP), the AAC held that the share income of the minors was not assessable in the hands of the assessee as an individual, as he was a partner in the firm only in the capacity of Karta of his HUF. Aggrieved by these orders of the AAC the Revenue is in appeal before the Tribunal. 5. In the cross objection filed by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation" within the meaning of s. 147(b) of the IT Act, for the purpose of reopening an assessment. Besides, it was pointed out, the Tribunal has held the inclusion of the share income of the minors in the individual assessments of the assessee as illegal, for the assistant. yrs. 1973-74 and 1974-75 and also for the asst. yr. 1975-76,by its order dt. 31st Oct., 1979 in ITA No. 414/MDS/1979. In these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w expressed by the audit party regarding the legal position as to whether or not the share income of the minors should be included in the total income of the assessee, does not constitute "information" within the meaning of s. 147. 9. In the result, we confirm the orders of the AAC and dismiss the appeals filed by the Revenue. The cross Objections filed by the assesee are treated as allowed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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