| Citation(s) |
|---|
| 1990 SLG 1741 1990 SLD 1741 (1990) 182 ITR 395 |
Rajasthan High Court
S.C. AGRAWAL AND M. KAPUR, JJ.
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S.C. AGRAWAL AND M. KAPUR, JJ.
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Commissioner of Income Tax
v.
Hukam Chand
Law:
Section:
Section 64 of Income-tax Act, 1961 - Transfer of assets - For benefit of spouse etc. - Whether share income earned in name of minor son of assessee could not be included in hands of assessee who was assessed as Hindu Undivided Family - Held, yes FACTS The Tribunal held that the share income earned in the name of the minor son of the assessee could not be included in the hands of the assessee, under section 64, who was assessed as HUF. On reference : HELD In view of the decision in CIT v. Bal Mukund [1990] (1990) 182 ITR 42 (Raj.) the Tribunal was justified in holding that the share income earned in the name of minor son of the assessee could not be included in the hands of the assessee under section 64. Note: The case was decided in favour of assessee. CASE REFERRED TO CIT v. Bal Mukund [1990] (1990) 182 ITR 42 (Raj.). V.K. Singhal and R.B. Mathur for the Applicant. JUDGMENT In this reference made by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as "the Tribunal"), the following question has been referred for the consideration of this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the share income of Rs. 3,950 earned…
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