1971 (6) TMI 5 - HC - Income Tax

Whether the share income of the minor son is liable to be included in the assessment of the father, i.e., the assessee, under section 64(iv) of the Income-tax Act, 1961

Summary

Issues:
Whether the share income of the minor son from a partnership firm is liable to be included in the assessment of the father under section 64(iv) of the Income-tax Act, 1961.

Analysis:
The case involved a dispute regarding the inclusion of the share income of the assessee's minor son from a partnership firm in the total income of the assessee under section 64(iv) of the Income-tax Act, 1961. The Income-tax Officer had reopened the assessment and included the minor son's share income in the total income of the assessee. This decision was upheld by the Appellate Assistant Commissioner and the Income-tax Appellate Tribunal. The Tribunal found that the assets gifted by the father to the minor son were introduced to the advantage of the partnership business, indicating an intention to provide an income-earning business to the minor. The Tribunal concluded that the minor's admission to the partnership was based on the assets gifted by the father.

The legal argument centered on whether the share income of the minor directly or indirectly arose from the assets gifted by the father. The counsel for the assessee contended that the income did not have a direct connection to the gifted assets, citing relevant Supreme Court decisions. The Supreme Court's interpretation of section 64(iv) of the Act was crucial in determining the inclusion of the minor's income in the father's total income. The Supreme Court emphasized the necessity of a proximate connection between the transfer of assets and the income in question to fall within the ambit of the relevant section.

The High Court, in line with the Supreme Court's decision in a similar case, ruled in favor of the assessee. The court agreed with the argument that the minor's share income should not be included in the total income of the assessee as there was no direct or proximate connection between the gifted assets and the income earned by the minor from the partnership firm. The court applied the principles established in the previous Supreme Court judgment under the Income-tax Act, 1922, which was deemed applicable to the current case under the 1961 Act. Consequently, the court held that the share income of the minor son should not be included in the total income of the assessee under section 64(iv) of the Act, and the costs of the reference were to be paid by the Commissioner of Income-tax to the assessee.