1973 (3) TMI 14

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....eferred for our opinion by the Income-tax Appellate Tribunal, Allahabad : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the share income of Sri Gajanand Sutwala from the partnership firm of M/s. Ganesh Prasad Dalal for the assessment years 1962-63 and 1963-64 was assessable as the income of the assessee-Hindu undivided family ? " The ass....

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....tive of each family was taken as a partner. In the case of the assessee, Sri Gajanand Sutwala continued to be a partner in the reconstituted firm. For the assessment years 1962-63 and 1963-64, the assessee did not show in his return the share income from the firm, Ganesh Prasad Dalal, on the ground that the said income belonged to Sri Gajanand Sutwala exclusively. The plea of the assessee in this ....

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....... Since the facts in this case show that this change in character was claimed neither on the basis of family partition nor could it be justified as the measure in the interest of the family we have no hesitation in holding that whatever may be the language used in the deed of partnership, the same would not change the beneficial ownership of the Hindu undivided family..... Having regard to all t....

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....al for Sri Gajanand Sutwala to continue as a partner of the reconstituted firm by the deed dated October 19, 1960. The income which Sri Sutwala received was thus directly related tot the utilization of the family assets. In fact it accrued with the aid of the said assets, and the family suffered detriment in the process of realization of such income. Under these circumstances the share income woul....