TMI Blog1983 (4) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in concluding that the share income or interest income of the minors can be clubbed in the hands of the assessee u/s. 64(1)(iii) notwithstanding that there is no nexus between the admission of minor to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Pramod Kumar Narendrakumar Brothers, of which the minor sons of the assessee were partners, was includible in the income of the assessee by virtue of the provisions of s. 64(1)(iii) of the Act. On appeal, the AAC affirmed the finding of the ITO. On further appeal, the Tribunal rejected the contention advanced on behalf of the assessee that the minor sons of the assessee had received interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Tribunal also rejected the contention advanced on behalf of the assessee that the assessee could claim the benefit of the advance tax paid by the minors on the amount of interest earned by them. In this view of the matter, the Tribunal dismissed the appeal preferred by the assessee. Aggrieved by the order passed by the. Tribunal, the assessee sought a reference and it is at the instance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s question No. 2, learned counsel for the assessee was unable to point out any provision of the Act by virtue of which the advance tax paid by a minor son could be adjusted towards the tax liability of the father when the minor son's income was below taxable limit. The Tribunal rightly observed that it would be for the minor sons of the assessee to apply for refund of advance tax. Our answer to qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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