2007 (4) TMI 45

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.... the Income Tax Act, 1961: ? 1.Whether on the facts and in the circumstances of the case, the salary of Rs.4,800/- and commission of Rs.3,737/- received by Shri Lachhman Dasss Bhatia from the firm M/s Chetan Dass Lachhman Dasss in which he was a partner as Karta of his HUF, is includible in the total income of the Assessee HUF? 2. Whether, on the facts and in the circumstances of the case, t....

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.... Dass was constituted by a deed of partnership dated 23rd April, 1977. There are two partners in the firm, that is, Lachhman Dass Bhatia as a representative and Karta of M/s Lachhman Dass Bhatia and Sons Hindu Undivided Family (the Assessee) with 50% share in the profit and loss of the firm and Sh.Anil Kumar Bhatia who happens to be the son of Lachhman Dass Bhatia having the balance 50% share. ....

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....e joint Hindu Undivided Family, who is the partner, and the remuneration paid, then the remuneration is taxable as the income of the HUF. On the facts of that case, it was held that since Prem Nath was a working partner and there was no evidence on record to suggest that the remuneration agreed to be paid was not for services rendered to the partnership, it was held that the income received by Pre....

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....y concern with the investment of family funds. 8. Quite apart from this, we find that the firm had filed an appeal before the Commissioner of Income Tax(Appeals) in respect of assessment year 1978-79 and in the order passed by the Commissioner on 4th March, 1982, it was noted that the firm was required to lead evidence for the extra services rendered by ,Lachhman Dass Bhatia in his individual c....