Law:

Section:

Section 64 of the Income-tax Act, 1961 - Transfer of assets - For benefit of spouse, etc. - Assessment year 1962-63 - Whether word "individual" as used in main clause of section 64 is intended to cover both males and females of species - Held, yes - Whether a widow certainly would be individual covered by opening words of section 64 - Held, yes - Whether income derived by a minor child because of his admission to benefits of a partnership firm in which his widowed mother was also a partner could be added in income of widow while computing her total income - Held, yes Words & Phrases : Word 'individual' as occurring in section 64 FACTS The assessee was a widow and a partner in a firm. Her two minor sons were admitted to the benefits of the firm in which the assessee herself was a partner. In the assessment year 1962-63, the ITO added the share of the income of the two minor sons in the income of the assessee. The assessee went up in appeal and urged that the word 'individual' as used in section 64 refers only to the male of the species as held by the Supreme Court in the case of CIT v. Sodra Devi [1957] 32 ITR 615 and, therefore, the ITO was wrong in adding the income of the minor sons, derived in the partnership business, in the income of the assessee. The AAC rejected the plea. The Tribunal upheld the inclusion of the income of the minor sons in the income of the assessee. On reference : HELD The wordings of section 64 make it abundantly clear that the word 'individual' as used in the main clause of section 64 is intended to cover both male and female of the species. Section 64 aims at providing for such contingencies where the income of someone can be added in computing the total income of another individual which on the wordings of the section cannot be confined to the male of the species only. It therefore follows that in contingencies contemplated by section 64, income derived directly or indirectly by certain classes of persons can be added to the total income of an individual, whether he be a male or a female. The circumstances referred to in clauses (i ) to (v) in section 64 are independent of each other and it cannot be argued that for the purposes…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492