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TMI Blog1989 (5) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... tative of his Hindu undivided family. His three minor sons were admitted to the benefits of the partnership. The question arose as to whether the income of the minor sons was to be clubbed with the income of the father in his individual status for the assessment year 1979-80. In his individual status, the assessee had no income. Whatever profit the three minor sons got from the firm, was treated a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to the benefits of the partnership in the firm in which the assessee was also a partner cannot be included/assessed in the hands of the assessee in his individual capacity under section 64(1)(iii) of the Income-tax Act, 1961 ?" It is true that the decision of this court in CIT v. Anand Sarup [1980] 121 ITR 873, helps the assessee but that decision was rendered on the law as it stood before A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 64 reads as follows : "64. Income of individual to include income of spouse, minor child, etc.-(1) In computing the total income of any individual, there shall be included all such income as arises directly or indirectly (i) to the spouse of such individual from the membership of the spouse in a firm carrying on a business in which such individual is partner; (ii) to the spouse of such indiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he unamended provisions, it was necessary that the admission of a minor child to the benefits of the partnership in the firm in which such an assessee was a partner, was a prerequisite for including the income of the minor child in the income of the father, under the amended provision it is no longer necessary. That means the income of the minor has to be considered as the income of the father. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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