1982 (4) TMI 4 - HC - Income Tax

Summary

Issues:
1. Whether the share income from a partnership firm constituted by former members of a Hindu Undivided Family (HUF) will be considered as the income of the reconstituted HUF or an individual.
2. Whether the share income of minors from the partnership firm can be included under section 64 of the Income Tax Act, 1961.

Analysis:
The case involved a partial partition of an HUF in 1965, where equal shares were allotted to the assessee, his wife, and two minor sons. Subsequently, a partnership firm was formed with equal shares for all family members. Initially, the assessee filed returns as an individual, including the minor sons' share income under section 64. However, in later years, the status was revised to HUF post-partial partition. The Income Tax Officer (ITO) disagreed with the HUF status, assessing the assessee as an individual. The Appellate Authority and Tribunal supported the HUF status and excluded minors' share income under section 64.

The High Court referred to relevant precedents like Gowli Buddanna v. CIT and N. V. Narendranath v. CWT to emphasize that if the wife had not been allotted a share, the HUF status would have been clear. However, since the wife was also allocated a share, the court concluded that the assessee and his wife did not form an HUF concerning the property invested in the partnership. Citing Jeetmal Nagri v. CWT, the court upheld the individual status for assessment purposes and the inclusion of minors' income under section 64.

In the final judgment, the High Court held that the Appellate Tribunal erred in considering the share income from the partnership firm as HUF income, stating it was the individual income of the assessee. Additionally, the Tribunal was deemed incorrect in excluding minors' share income under section 64. The court ruled in favor of the ITO's assessment as an individual and the inclusion of minors' income under section 64. No costs were awarded in the reference.