TMI Blog1999 (3) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... were earned by the karta were earned by him on account of his personal qualifications and exertions and not on account of the investment of the family funds and, therefore, should have held that the income could not be treated as the income of the Hindu undivided family. - C.A. 877 OF 1991 - - - Dated:- 10-3-1999 - S. P. BHARUCHA., S. S. MOHAMMED QUADRI. and R. C. LAHOTI. JUDGMENT The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the assessee and the Revenue did not carry the matter further. The judgment of the Andhra Pradesh High Court [1981] 127 ITR 505 aforementioned was cited before the High Court at Madras in the reference proceedings out of which these appeals arise but the Madras High Court dissented therefrom. It dilated at length on Hindu law but, with great respect, missed the point that the Income-tax Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e individual coparcener. If it was the former, it was the income of the Hindu undivided family, but if it was the latter, then it was the income of the individual coparcener. Applying this test, the High Court held : There is absolutely no evidence to support the contention of the learned counsel for the assessee that the development of the business was due to any peculiar qualification or experi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
