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TMI Blog1979 (2) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... 973-74. 2. The assessee was a partner of 1/2 share in the firm M/s. Shiv Narain Karmendra Narain representing the joint Hindu Family consisting of himself his wife and minor son till24th Oct., 1965. By memorandum of partition dt.9th Nov., 1965the share alongwith some other property of the family were completely divided. The claim of the partition was recognised by the ITO under s. 171 by his ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment of the assessee. 3. In appeal, it was brought to the notice of the AAC that the Tribunal had in appeals for the asst. yrs. 1970-71 and 1971-72, held that over-riding charge was created by the memorandum dt.9th Nov., 1965and therefore the share income derived by the assessee's wife and his son were not includible in his assessment. The AAC, however, did not follow the decision of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see were to be included in the assessment of the assessee under s. 64(1) and (ii) of the IT Act, 1961, that is, the entire share income of the assessee formed the firm M/s. Shiv Narain Karmendra Narain was to be included in the assessment of the assessee. He had pointed out that the Tribunal came to that decision by following another order of the Tribunal in the case of Shri Shiv Narain Agrawal, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... followed the earlier order the asst. yrs. 1966-67 to 1968-69 for the reasons given by it in para No. 8 of its order. The facts and circumstances have remained the same in the year under consideration, and the parties have raised the same contentions. We find ourselves in agreement with the decision of the Tribunal for the asst. yrs. 1969-70 and 1970-71, respectfully following the same we set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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