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HC held that for AY 1997-1998, the Tribunal erroneously interpreted Section 64(1A) by attempting to club the minor son's income in the father's hands, despite the previous year's (AY 1996-1997) income being already clubbed in the mother's hands. The court strictly construed the provision and determined that the minor's income (loss) was correctly considered in the mother's assessment for AY 1997-1998. The Tribunal's reasoning was rejected, particularly since the clubbing issue was not originally considered at the assessment stage and the previous year's order remained undisturbed. The decision ultimately favored the assessee's interpretation of income clubbing provisions.
HC held that for AY 1997-1998, the Tribunal erroneously interpreted Section 64(1A) by attempting to club the minor son's income in the father's hands, despite the previous year's (AY 1996-1997) income being already clubbed in the mother's hands. The court strictly construed the provision and determined that the minor's income (loss) was correctly considered in the mother's assessment for AY 1997-1998. The Tribunal's reasoning was rejected, particularly since the clubbing issue was not originally considered at the assessment stage and the previous year's order remained undisturbed. The decision ultimately favored the assessee's interpretation of income clubbing provisions.
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