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1967 (10) TMI 73

the Appellant C. K. Daphtary, A.N. Kirpal and R.N. Sachthey for the Respondent JUDGMENT Ramaswami, J. This appeal is brought, by certificate, on behalf of the assessee from the judgment of the Bombay High Court dated July 23, 1963, in Income-tax Reference No. 5 of 1962. The appellant (hereinafter called the "assessee") is a Hindu undivided family of which Shri M. D. Dhanwatey is the kart .....

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hri M.D. Dhanwatey was shown as ₹ 1,96,875. It is admitted that this amount belonged to the Hindu undivided family. Clause (5) provided for payment of interest at a certain rate to the partners on the share contribution. Clause (7) provided that general management and supervision of the partnership business shall be in the hands of Shri V.D. Dhanwatey. Clause (8) stated that Shri M.D. Dhanwa .....

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se (16) is ₹ 1,250 per month. For the relevant accounting year Shri M.D. Dhanwatey was paid ₹ 7,500 as remuneration. For the assessment year 1954-55 the assessee showed the said amount in section D of the return. It was contended that the salary received by Shri M.D. Dhanwatey, the karta of the assessee-family was received by him in his individual capacity and that it was not taxable i .....

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ment of ₹ 7,500 (Rupees seven thousand five hundred) paid to Shri M.D. Dhanwatey for rendering services to the firm, could be included in the total income of the assessee-family?" The High Court answered the reference in favour of the income-tax department and against the assessee. The High Court observed that Shri M.D. Dhanwatey was one of the partners in the partnership as representin .....

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hose in V.D. Dhanwatey v. Commissioner of Income-tax [1968] 68 ITR 365 (SC), judgment in which has been pronounced today. For the reasons elaborately set out in that case we hold that the decision of the question of law in the present case is governed by the decisions of this Court in Commissioner of Income-tax v. Kalu Babu Lai Chand [1959] 37 ITR 123, and in Mathura Prasad v. Commissioner of Inco .....

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