1988 (3) TMI 31 - HC - Income Tax

Summary

Issues:
1. Interpretation of section 64(1)(i) of the Income-tax Act, 1961 regarding the inclusion of share income of a spouse who is a partner in the same firm.
2. Determination of applicability of section 64(1)(i) when the assessee is a partner in a firm as the karta of a Hindu undivided family.
3. Assessment of whether section 64(1)(i) is applicable when the assessee is a partner in a firm as the karta of a Hindu undivided family but not in an individual capacity.

Analysis:
The High Court of Andhra Pradesh considered three questions referred by the Commissioner of Income-tax. The court examined the interpretation of section 64(1)(i) of the Income-tax Act, 1961 in relation to the inclusion of the share income of a spouse who is a partner in the same firm. The Tribunal had canceled the reassessment including the spouse's share income, citing section 64(1)(i). The court referred to a previous decision in CIT v. Sanka Sankaraiah [1978] 113 ITR 313, which influenced the dismissal of the Departmental appeal. The Commissioner's application under section 256(1) was accepted based on a Punjab and Haryana High Court case where the Supreme Court granted special leave. However, the court noted that there was no indication of a challenge to the decision in Sanka Sankaraiah in the Supreme Court by the Commissioner.

The court emphasized the importance of not granting references for matters already covered by previous decisions unless there is evidence of an appeal pending in the Supreme Court. The Tribunal was advised to provide the Civil Appeal Number if an appeal is ongoing in the Supreme Court. The court highlighted the need for parties to demonstrate that either leave to appeal was granted by the High Court or special leave was granted by the Supreme Court before a reference is made. In the absence of such circumstances, the Tribunal should not grant a reference, as the matter is already settled by previous court decisions.

In the present case, as the questions referred were covered by the decision in Sanka Sankaraiah [1978] 113 ITR 313, the court ruled in favor of the assessee and against the Revenue. The court concluded that no costs were to be awarded in this matter.