Section 64 clubbing of minor's share income does not apply where the assessee is a Hindu undivided family.

Share income earned in the name of an assessee's minor son was held not includible in the assessee's hands under section 64 of the Income-tax Act, 1961, because section 64(1)(iii) applies where the minor child is of an individual assessed as an individual, not where the assessee is a Hindu undivided family. The court followed its earlier interpretation of section 64 and applied the same legal position to the reference, resulting in exclusion of the minor's share income from the assessee's assessment.

---

---

Issues: Whether share income earned in the name of the assessee's minor son could be included in the assessee's hands under section 64 of the Income-tax Act, 1961.

Analysis: Section 64(1)(iii) applies where the minor child is of an individual assessed as an individual, and not where the assessee is a Hindu undivided family. The issue stood covered by the court's earlier decision on the interpretation of section 64, and the same legal position governed the reference.

Conclusion: The share income could not be included in the hands of the assessee, and the Tribunal's view was upheld in favour of the assessee.

---