1978 (8) TMI 33 - HC - Income Tax

Summary

Issues:
1. Whether interest and share income received by the assessee from a firm should be included in his income under section 64(2) of the Income-tax Act, 1961.

Analysis:
The judgment of the High Court of Allahabad involved a case where the assessee, an individual, had deposited a sum of Rs. 20,000 in his individual account with a firm and later impressed this amount with the character of HUF property. The assessee claimed that interest and share income earned on this amount belonged to his HUF, but the revenue authorities, the Appellate Tribunal, and the High Court held that these amounts should be included in the individual's income under section 64(2) of the Income-tax Act, 1961. Section 64(2) deals with the conversion of separate property into property belonging to a Hindu undivided family (HUF), attributing income derived from the converted property to the individual rather than the family. The provision specifies that income attributable to the individual's interest in the family property shall be deemed to arise to the individual. The court emphasized the clarity of the provisions in section 64(2) and upheld the inclusion of interest and share income in the individual's income. The judgment highlighted that the Tribunal was correct in confirming the inclusion based on the specific language and intent of the law.

In conclusion, the High Court answered the question in the affirmative, ruling against the assessee and in favor of the department. The judgment underscored the unambiguous nature of section 64(2) and upheld the revenue authorities' decision to include the interest and share income in the individual's income. The court's decision was based on the clear provisions of the law regarding the taxation of income derived from converted property belonging to a Hindu undivided family.