9911796707
TMI Blog1980 (2) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... O, however, observed that Shri Narayanan was not a technically qualified man but had only experience in the field for about 25 years. He held that the proviso to s. 64(1)(ii) of the Act would not apply to this case. He, therefore, added the above amounts to the income of the assessee under s. 64(1)(ii). On appeal, the AAC concurred with him. It is against these orders of the AAC that present appeals are filed before the Tribunal by the assessee. 3. The learned representative for the assessee submitted that the assessee's husband Sri Narayan had nearly 25 years experience in the field, having been senior executive of Indian Casablancas (P) Ltd. Bombay, in support of which a certificate was already produced before the income tax authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at order: "The argument of the ITO was that Shri Ranganathan was not having any educational qualifications in that he did not have any university degree or diploma and a degree in management was necessary, if a person is holding the post of manager and the proviso to s. 64(1)(ii) was to be applied. Since he did not have this requisite qualification, the ITO took the stand that the amount drawn by Shri Ranganathan had to be aggregated with the income of the assessee. The AAC stated that the term "qualification" only connotes a quality which makes a person fit for a particular kind of job or employment. To be a manager of textile shop requires no educational qualification from a university and technical Knowledge could be acquired otherwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner with substantial interest and the proviso was only an exception. The requirements of the exception not being satisfied, he pleaded that the order of the AAC should be reversed. This is the contention in the appeal of the Department and in the Cross Objection the assessee only reiterates for the decision of the AAC being upheld. There is no limit to the variety of business which a firm may carry on and consequently there is no limit to the different types of jobs which may be required to be performed by a firm in the carrying on of its business. Where there are jobs there are bound to be performed by the particular employee. The word "qualification" in the Concise Oxford Dictionary has the meaning: "Quality fitting person or thing (f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "technical or professional qualifications" have, therefore, to be viewed with reference to the equipment necessary for successfully doing a particular job. Shri Ranganathan, in the present case, is the manager of a textile concern. At the material time he did not have a degree and much less an M.B.A. degree. In our view, the absence of such academic qualifications is not sufficient to hold that he did not possess technical or professional qualifications necessary for doing the job. He had been managing a textile concern ever since 1967. He was discharging managerial responsibilities much before the assessee became a partner. With reference to the assessment year now under consideration, he was on the job of manager for almost ten years. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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