Minor son's capital account balance could not be taxed as assessee's income absent basis for attribution.

A closing balance in a minor son's capital account could not be treated as the assessee's income from other sources where the account reflected gifts received over earlier years and the amount had already been accepted in the son's separate assessment. On the material on record, there was no basis to attribute the built-up balance to the assessee for the year under appeal, so the addition was deleted.

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Issues: Whether the addition of Rs. 33,614 standing in the name of the assessee's minor son could be sustained as the assessee's income from other sources.

Analysis: The minor son's capital account showed receipts of gifts from several persons over earlier years, including persons assessed to tax. The amount of Rs. 33,614 had been built up in earlier years and had already been accepted in the son's separate assessment. On the material on record, there was no basis to treat the closing balance in the minor son's capital account as income of the assessee for the year under appeal.

Conclusion: The addition of Rs. 33,614 was not sustainable and was deleted in favour of the assessee.

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