1992 (1) TMI 42 - HC - Income Tax

Summary

The High Court of Orissa was asked to adjudicate on whether the salary income of an assessee should be included in his wife's income under section 64(1)(ii) of the Income-tax Act, 1961. The Assessing Officer and Commissioner of Income-tax (Appeals) held that the proviso to section 64(1)(ii) applied, but the Tribunal assessed the income in the hands of the assessee based on an amendment to Explanation 1. The High Court directed the Tribunal to reconsider the case in light of the proviso before considering the amended Explanation 1.