1998 (1) TMI 12 - HC - Income Tax

Summary

The High Court of Madras ruled that the share income of the wife from a partnership firm cannot be included in the income of the assessee under section 64 of the Income-tax Act if the assessee is a partner in a representative capacity. The decision was based on the Supreme Court case CIT v. Shri Om Prakash [1996] 217 ITR 785. The court held in favor of the assessee, stating that the provisions of section 64 cannot be invoked in such cases.