1983 (8) TMI 70 - AT - Income Tax

Summary

Issues:
1. Whether the term "child" under Mohammedan law includes a step-child.
2. Validity of reopening assessments for the assessment years 1972-73 to 1975-76.
3. Applicability of section 64(1)(ii) and section 2(15A) in the case of minors being admitted to the benefits of partnership.
4. Determining the relationship between the assessee and the minors as uncle and nephew or step-children.
5. Interpretation of section 64 and section 2(15A) in relation to the purpose of preventing income diversion and maintaining control.
6. Analysis of Muslim law on step-children and adoption to determine the legal recognition of step-children under Mohammedan law.

Analysis:
The judgment revolves around the interpretation of the term "child" under Mohammedan law to ascertain if it includes a step-child. The case involved a firm where two brothers were partners, and upon one brother's death, his widow and minor sons were admitted to the benefits of partnership. The Income Tax Officer (ITO) added the minors' share income to the assessee's income under section 64(1)(ii) and section 2(15A) of the Income-tax Act, 1961. The Appellate Assistant Commissioner (AAC) held that the relationship of father and minor child should exist at the time of admission to partnership, concluding that the sections were not applicable since the minors became step-children after admission. The departmental representative argued that even as step-children, the income should be included. The counsel for the assessee highlighted that the purpose of section 64 was to prevent income diversion and control, relying on legal precedents.

The tribunal considered the purpose of section 64 and the applicability of section 2(15A) in determining whether the minors qualified as step-children. The counsel for the assessee argued that under Muslim law, step-children are not recognized, citing legal texts to support the contention that the minors did not become step-children upon marriage. The tribunal analyzed Muslim law on step-children and adoption, emphasizing that consanguinity is the only recognized relationship, and step-children are not acknowledged. As section 2(15A) applies only if step-children exist, and in this case, they do not, the tribunal held that the income of the minors cannot be included in the assessee's income. The tribunal rejected the department's appeals, concluding that the sections were not applicable in this scenario, and the income should not be clubbed.