TMI Blog1988 (11) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... inafter referred to as "the Act"), the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the provisions of section 64(1)(vi) were not attracted to the case of the assessee and the income earned by Mrs. Pragnya Devi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Income-tax Officer who held that the said income was includible in the total income of the assessee under the provisions of clause (vi) of section 64(1) of the Act. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal which was dismissed. On further appeal before the Tribunal, the Tribunal held, following the decision of the Calcutta High Court in Prah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in CIT v. Prem Bhai Parekh [1970] 77 ITR 27, that when income was received by a person as a result of Admission to the benefits of the partnership, then such income arises primarily because of the participation by that person as a partner and not as consequence of investing the gift made in favour of that person by the assessee. We respectfully agree with the decision of the Calcutta High Court. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
