Law: Income Tax Act, 1922

Section: 16(3)(a)(iv),66(1),16(3),66(2)

Income-tax Act, 1922 -- Sections 16(3) (a) (iv), 66(2) -- Assets transferred --- Reference -- Question of law or fact --- Tribunal's finding that income of minors from partnership did not arise from assets transferred to them by father -- Finding based on evidence on record -- Whether question of law arises out of Tribunal's finding --- Held no --- Finding of fact by Tribunal based on evidence -- Not to be interfered with -- Finding that income of minors from partnership did not arise from assets transferred to them by father -- No question of law, held, arises from such finding -- JUDGMENT A.S. CHOWDHURY J..---In this case a Rule was issued at the instance of the petitioner, Commissioner of Income-tax calling upon the respondent to show cause as to why the Income-tax Appellate Tribunal, Dacca should not be directed to state the case and refer the following question for our opinion. “Whether on the facts and in the circumstances of the case, the shares income of the three minor sons from the firm Messrs Haji Iqbal Company are to be included in the assessment of the father under Section 16(3)(a)(iv) of the Income-tax Act.” This application arises in the following circumstances: The respondent Tar Muhammad Haji Hamed is alleged to have carried on business of various kinds during the assessment year and that the Income-tax Officer added a sum of Rs. 85,964 being the share of the income of his three minor sons, Muhammad Amin, Abdur Rahman and Haji Iqbal from the partnership firm called Messrs Haji Iqbal Company under the provisions of Section 16(3)(a)(iv) of the Act. It is, further, stated that the aforesaid three minor sons were admitted to the benefits of the partnership of the firm referred to above by a deed of partnership executed on the 1st of February, 1958, between Fatemabai Habib and Amnabai Haji Habib and that by a second deed of partnership executed between them it was provided that the three minors, Muhammad Amin, Abdur Rahman and Haji Iqbal would cease to be partners and that the father of the minors would be allowed to withdraw all monies including the profit and interest standing to the credit of the said minors at any time he desired. The…

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