TMI Blog1967 (7) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-7-1967 - Judge(s) : JAGDISH SAHAI., R. S. PATHAK. JUDGMENT The judgment of the court was delivered by PATHAK J.-The assessee, Shri Rukmanand Kedia, was a partner of a firm, Messers. Nathu Ram Harakh Chand. His son, Vishnu Kumar, a minor, was admitted to the benefits of partnership in the firm. Assessment proceedings for the year 1960-61 were taken against the assessee as an individual. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by him in the firm in which the assessee is also a partner, is liable to be included in the total income of the assessee under section 16(3)(a)(ii) ? " The provisions of section 16(3)(a)(ii) are as follows : " 16. (3) In computing the total income of any individual for the purpose of assessment, there shall be included : (a) so much of the income of a wife or minor child of such individual a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the partnership firm by a minor admitted to the benefits of partnership, such interest is income which has arisen from the admission of the minor to the benefits of partnership. The decision in L. Ram Narain Garg's case was noticed with approval by the Supreme Court in S. Srinivasan v. Commissioner of Income-tax. In our opinion, there can be no dispute that the Income-tax Officer was plain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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