1994 (9) TMI 4

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....als arise out of orders that follow the common judgment. The respondents in the two sets of appeals are brothers, the kartas of their joint Hindu families and assessees as such. The question to be considered may be quoted in respect of the first appeal, whose facts we shall state: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income earn....

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....tilal, were given benefits in the said firm. Thus, the share of Jayantilal in the said firm was reduced to 2 annas in a rupee and Suresh Kumar and Ashok Kumar were given the benefit of a share of 1 1/2 annas each. The Income-tax Officer included the shares of the two minor sons of Jayantilal in the income of the Hindu undivided family upon the basis that the beneficial ownership thereof remaine....

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....benamidars of the Hindu undivided family or that the beneficial owner of the shares of the minors was the Hindu undivided family. In these circumstances, there was no justification for clubbing the income earned by the minors with the income of the Hindu undivided family. The High Court considered the question to which we have adverted on a reference made at the instance of the Revenue. It obse....

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....firm. The question that was referred to the High Court was, thus, answered in the affirmative and in favour of the assessees. What is most relevant to note is that the Tribunal found as a fact that the minors were not benamidars of their Hindu undivided family. Once that position is established, it is clear that they represented only themselves and that, in that capacity, were entitled to their....