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- Inclusion of minor children's share income from a partnership firm in the individual assessment of the father under section 64(1)(ii) of the Income-tax Act, 1961. Analysis: The High Court of Madras addressed the issue of whether the share income of minor children from a partnership firm should be included in the individual assessment of the father under section 64(1)(ii) of the Income-tax Act, 1961. The assessee, an individual who was a partner in a firm representing the Hindu undivided family, had the share income of his minor children included in his assessment by the Income-tax Officer. However, the Appellate Assistant Commissioner directed the exclusion of such share income based on previous decisions. The Appellate Tribunal upheld the exclusion, citing precedents from different High Courts. The Revenue argued that the Supreme Court's decisions created ambiguity regarding the inclusion of minors' income. The court noted that the assessee filed his return as an individual, and the minors' income from the firm was included in his assessment under section 64(1)(ii). The court considered previous decisions, including those of the Supreme Court, and concluded that the income arising from the shares of minors in the firm should not be included in the father's individual assessment. The court emphasized that the Supreme Court's decision in a similar case clarified that such income is not includible in the father's assessment. Therefore, the court held in favor of the assessee, stating that the Tribunal was correct in excluding the minors' share income from the father's individual assessment. The court answered the question referred to them in the affirmative, ruling against the Department for all the assessment years under consideration. No costs were awarded, and the counsel fee was fixed at Rs. 1,000.
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