9911796707
TMI Blog1993 (3) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench, Jaipur, has referred the following question of law arising out of its order dated September 9, 1980, in respect of the assessment year 1976-77 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the Appellate Assistant Commissioner deleting the share income of the minor sons assessed in the hands of the assessee under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er June 1, 1973, and that, therefore, the provisions of section 64(1)(vi) were also applicable and hence the income was taxed in the present case on a protective basis. Against this order, an appeal was preferred to the Appellate Assistant Commissioner and the addition was deleted. The matter was challenged by the Income-tax Officer before the Income-tax Appellate Tribunal wherein it was held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T v. S. Balasubramaniam [1984] 147 ITR 732, the share income of the minor child has to be included in the total income of the father irrespective of the fact whether the father's share, of income from the firm is assessed in his hands as that of an individual or as that of the Hindu undivided family. Reliance has also been placed on the decisions of the Allahabad High Court in the cases of Madho P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Delhi) ; (6) C. Arunachalam v. CIT [1985] 151 ITR 172 (Kar) [FB] ; (7) CIT v. S. K Thakkar [1985] 154 ITR 303 (Bom) ; (8) CIT v. Prakashchandra Basantilal [1986] 162 ITR 536 (MP) and (9) CIT v. C. L. Anand [1990] 182 ITR 30 (Ker). So far as this court is concerned, the matter was examined in detail in CIT v. Abhay Kumar [1989] 179 ITR 363 (Raj), and it was held that the karta of a Hindu undivid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Courts have taken the view in favour of the Revenue but the golden rule of interpretation is that the interpretation which is beneficial to the assessee has to be adopted and more particularly when most of the High Courts have taken the view which has been taken by this court and since no case has been made out to refer the said matter to a larger Bench, we are of the view that the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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