1995 (1) TMI 10

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..... , for decision of this court. The common question of law that arises in these two cases for the two assessment years 1979-80 and 1980-81 reads as follows : "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the share income of the minor sons of the assessee from the partnership-firm in which they are admitted to share the profits only and .....

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..... Revenue, apart from the cases cited above, proceeded to rely on another judgment of the Madras High Court in CIT v. S. Balasubramaniam [1984] A HREF=HTTP://127.0.0.1//122323 147 ITR 732. We have gone through the judgment. In view of the recent judgment of the Supreme Court on an identical question, in CIT v. Harbhajan Lal [1993] 204 ITR 361, wherein their Lordships of the Supreme Court, applyin .....

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..... . Balasubramaniam [1984] 147 ITR 732 (Mad) on a close scrutiny will show that it is distinguishable on the facts. In view of the above and in view of the fact that the Supreme Court has answered an identical question against the Revenue, applying the ratio laid down by the Supreme Court the common question referred to us is answered in the affirmative and against the Revenue. There will be no or .....

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