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Issues Involved:
1. Assessment of 50% of the share income of the assessee from four non-exporting firms. 2. Assessment of 50% of specific amounts as income from export firms. Detailed Analysis: Issue 1: Assessment of 50% of the Share Income from Non-Exporting Firms The primary question was whether only 50% of the share income of the assessee from M/s. Sundaram Spinning Mills, M/s. Kandaswamy Weaving Factory and Company, M/s. Quality Traders, and M/s. Super Textiles could be assessed in the hands of the assessee for the assessment years 1965-66, 1966-67, and 1967-68. The assessee, acting as the karta of a Hindu undivided family (HUF), had invested family funds in these firms. A partition occurred on March 31, 1967, dividing the net capital equally between the assessee and his son. The Income-tax Officer (ITO) recognized this partition under section 171 of the Income-tax Act. The assessee contended that post-partition, only 50% of the share income from these firms should be assessed in his hands, as the other 50% belonged to his son. The Tribunal upheld this contention, referencing the decision in CWT v. J. K. K. Angappa Chettiar [1979] 116 ITR 456, which established that post-partition, investments in firms should be considered as held by tenants-in-common. Therefore, only the assessee's share of profits should be taxed. This principle was applied to the facts of this case, leading to the conclusion that the assessee was liable only for 50% of the share income from these firms. The High Court agreed with the Tribunal's view, affirming that the assessee and his son held the investments as tenants-in-common. Consequently, the first question was answered in the affirmative and against the Revenue. Issue 2: Assessment of 50% of Specific Amounts as Income from Export Firms The second issue was whether only 50% of Rs. 1,17,503 and Rs. 9,103 could be assessed as the income of the assessee from export firms for the assessment years 1965-66 and 1966-67, respectively. The export firms, including M/s. Colombo Stores, M/s. Ashoka Textiles, M/s. Rathinam Traders, M/s. Rajam Textiles, and M/s. Kandaswamy Spinning Mills (Export Section), were found to have indulged in the sale of import licenses. A settlement in March 1970 determined that Rs. 8,10,420 should be taken as income from these firms and assessed equally among the assessee and his three brothers. The assessee argued that post-partition, he and his son held the properties as tenants-in-common, and thus only 50% of the income from these firms should be assessed in his hands. The Tribunal supported this view, finding that the funds of the erstwhile HUF had been invested in these firms, and the income should be equally divided between the assessee and his son. However, there was a dissenting opinion from one judge who argued that there was no evidence of the minor's funds being invested in the export firms and that the firms were constituted after the partition. This judge believed the Tribunal had wrongly placed the burden of proof on the Revenue. The matter was referred to a third judge, who agreed with the Tribunal's original finding. The third judge emphasized that the Tribunal's conclusion was based on relevant circumstances, including the terms of the settlement and the existence of two firms before the partition. The Tribunal's finding that the funds of the HUF were invested in the export firms was upheld. Ultimately, the second question was answered in the affirmative and against the Revenue, based on the majority opinion. Conclusion: Both questions referred to the High Court were answered against the Revenue, affirming that only 50% of the share income from both non-exporting and export firms should be assessed in the hands of the assessee for the relevant assessment years.
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