1994 (3) TMI 26

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..... th the assessee and the Revenue, the following common questions are referred to this court for decision : "1. Whether, on the facts and in the circumstances of the case, the share of income of the assessee's spouse from the firm of Messrs. V.S.S. Subba Naicker and Company, could be added to the total income of the assessee when the share of income from the firm by reason of the assessee's member .....

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..... in the negative and against the Department. With regard to the second question, the position of law is that prior to the assessment year 1976-77, the income arising to a minor child on being admitted to the benefits of partnership in a firm, could be included in the parents' total income only if the parent was a partner in that firm, but, after the amendment introduced by way of sub-section (1) .....

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..... essee as a result of their admission to the benefits of a partnership is liable to be included in the total income of the assessee under section 64(1)(iii) of the Act, notwithstanding that the assessee has no income of her own from any source whatsoever. In the instant case, the assessment year is 1979-80. Following the above decision, the second question referred to us is answered in the affirmat .....

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