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TMI Blog1997 (10) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... in the circumstances of the case, the Tribunal was justified in law in holding that the salary could not be assessed in the hands of the Hindu undivided family ?" The Tribunal rejected the application under section 256(1). The Revenue made an application under section 256(2) of the Income-tax Act, before the High Court. The High Court also rejected that application. The Revenue has now come up i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hidambaram Pillai [1977] 106 ITR 293 (SC). The High Court was of the view that this judgment is in conflict with the other judgments of this court and on that basis a certificate of fitness to appeal under section 261 was granted. We do not find any conflict in the law laid down in the case of R. M. Chidambaram Pillai [1977] 106 ITR 292 (SC), with the law laid down in the earlier two cases. The d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral. This court took the view that a partnership firm is a compendious way of describing the partners. So if a portion of the income of a partnership is given to the managing partner or a partner for rendering services then the income will be nothing but a special share of the profits of the firm. The profits being agricultural income, the special share given to the partner must bear that characte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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