1998 (4) TMI 52

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.... J.---The two questions of law referred at the instance of the Revenue in respect of the assessee's assessment years 1981-82 and 1982-85 are : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that only 50 per cent. of the share income from the firm can be assessed as the income of the assessee-Hindu undivided family ? 2. Whether, o....

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....d passed an order accepting the partial partition. The assessee, on the basis of the order of the Income-tax Officer, claimed that only 50 per cent. of the share income should be assessed in the hands of the joint family and the balance 50 per cent. should be assessed in the hands of the minor son. The Income-tax Officer did not agree and assessed the entire share income in the hands of the family....

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....actual situation and it was held by the Appellate Tribunal that only 50 per cent. of the share income can be assessed in the hands of the Hindu undivided family. It is submitted that this court in T. C. No. 915 of 1984, dated November 5, 1997 (CIT v. D. Jagadeesan (Smaller HUF) [1999] 237 ITR 371 (Mad)), has upheld the view of the Appellate Tribunal. We have carefully considered the submission of ....