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1996 (2) TMI 72

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.... Agricultural Income-tax Act, 1950, and the income is, therefore, includible in his income ? 2. Whether, on the facts and circumstances of the case, the Tribunal was justified in relying on the registered sale deed in preference to the certificate issued by M. K. Kuriakose evidencing payment of loan by Rs. 80,000 to the applicant's minor daughter for the purchase of the estate ?" The position is more than simplified by reason of consistent findings of the authorities below which are more than difficult for learned counsel to contest in this proceeding under section 60 of the Agricultural Income-tax Act, 1950. A brief resume of the facts would not be out of place. The assessee is a rubber estate owner called Kasthuri Estate at Peringamala ....

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....ther reaffirmed that the other partners of the firm advancing the amount include the assessee's mother and his own brother. It is necessary to place on record that the brother by name, M. K. Thomas, issued certificate of advancement of loan, to contend in furtherance thereof that the property was purchased by the mother in the name of the minor child. We have seen the documents in question as the English translation was placed before us. The document is explicit that the sale deed is executed by the father of the minor child and it is the father who is the assessee before us. The record also shows that M. K. Thomas is none other than the brother of the assessee. The said partnership also consists of family members specified hereinabove. Th....