9911796707
TMI Blog1998 (4) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue in respect of the assessee's assessment years 1981-82 and 1982-85 are : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that only 50 per cent. of the share income from the firm can be assessed as the income of the assessee-Hindu undivided family ? 2. Whether, on the facts and in the circumstances of the case, the entire sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on the basis of the order of the Income-tax Officer, claimed that only 50 per cent. of the share income should be assessed in the hands of the joint family and the balance 50 per cent. should be assessed in the hands of the minor son. The Income-tax Officer did not agree and assessed the entire share income in the hands of the family on the ground that only the balance in the books of the firm. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly 50 per cent. of the share income can be assessed in the hands of the Hindu undivided family. It is submitted that this court in T. C. No. 915 of 1984, dated November 5, 1997 (CIT v. D. Jagadeesan (Smaller HUF) [1999] 237 ITR 371 (Mad)), has upheld the view of the Appellate Tribunal. We have carefully considered the submission of learned counsel. The Income-tax Officer recognised the partial pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder and levy tax on the entire share income in the hands of the Hindu undivided family is not sustainable in law. The Tribunal has come to the correct conclusion holding that only 50 per cent. of the share income of the firm has to be assessed in the hands of the assessee. The earlier judgment of this court is also to the same effect. We find no infirmity in the order of the Appellate Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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