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Issues:
1. Whether the income from the partnership share in the firm should be included in the total income of the assessee in his individual capacity or in the total income of the Hindu undivided family? Analysis: The judgment delivered by the High Court of Gujarat under section 256(1) of the Income-tax Act, 1961, addressed the issue of the treatment of income from a partnership share in the firm of Messrs. Hemant Brothers. The court considered the scenario where Hemantkumar Chimanlal, a partner in the firm, made certain financial entries on October 31, 1970, transitioning his individual partnership share to the Hindu undivided family. The court noted that the entries made were consistent and indicated a clear intention to replace Hemantkumar Chimanlal as an individual partner with himself as the karta of the Hindu undivided family in the firm. These entries were further corroborated by a tripartite agreement dated April 1, 1971, where the Hindu undivided family brought in additional assets to the firm, solidifying the transition of partnership share. The court emphasized that the entries were accepted and not in doubt, leading to the conclusion that the karta of the Hindu undivided family became a partner in the firm from October 31, 1970, replacing the individual. Therefore, the court held that the income from the partnership share should be attributed to Hemantkumar Chimanlal in his capacity as karta of the Hindu undivided family and not in his individual capacity. In conclusion, the court answered the question in the negative, ruling against the Revenue. The judgment clarified that the share of Hemantkumar Chimanlal in the taxable profit of the firm for the relevant accounting period should be considered as the income of the Hindu undivided family, as the karta had effectively replaced the individual as a partner in the firm. The reference was disposed of with no order as to costs.
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