1987 (2) TMI 35

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....divided family even when there is no other coparcener in the family and that section 9(2) of the Agricultural Income-tax Act has no application to the facts of the case ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in directing exclusion of the income from 24.37 acres of properties allotted to the three minor daughters in computing the agricultural income of the assessee ? " The assessment years in question are 1975-76 and 1976-77. On August 23, 1974, that is, during the accounting year relevant to the assessment year 1975-76, exhibit P-4 was executed by the assessee together with his wife, the latter acting as the guardian of their five minor daughters. This document is styled as ....

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....e income derived from the transferred assets includible in the computation of the total agricultural income of the assessee. section 9(2)(a)(iv) reads: " (2) In computing the total agricultural income of any individual for the purpose of assessment there shall be included (a) so much of the agricultural income of a wife or minor child of such individual as arises directly or indirectly ....... (iv) from assets transferred directly or indirectly to the minor child not being a married daughter by such individual otherwise than for adequate consideration; and ............" The question is whether the properties allotted under exhibit P-4 had, in fact, been transferred to the minor unmarried daughters otherwise than for adequate ....