TaxTMI 
TaxTMI 
1982 (6) TMI 46
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....tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in I.T.A No. 239/Hyderabad/81 dated January 27, 1982, and quash the same. The assessee had returned an income of Rs. 41,085 for the assessment year 1976-77. The assessment was completed on September 9, 1977, on total income of Rs. 44,450. The income as returned by the assessee comprised of three items: Rs. 1. Property income &nb....
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.... ------ The ITO while accepting the figures furnished by the assessee, under s. 64 of the I.T. Act added a sum of Rs. 3,299 to the assessee's income as income received by the assessee's wife from M/s. Rajendrakumar Bafna & Co. However, on appeal, the AAC deleted the above and computed the income at Rs. 41,160. The assessee later filed an application under s. 154 of the I.T. Act for rectifying the assessment order by deleting the income of the assessee's three minor sons amounting to Rs. 41,000 from the assessee's income. According to the asses....
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....he jurisdiction of this court under art. 226 of the Constitution. The relevant provision of s. 64 of the I.T. Act which directs the inclusion of all such income as arises directly or indirectly to a minor child of an individual from the admission of the minor to the benefits of partnership in a firm reads as follows: " 64. (1) In computing the total income of any individual, there shall be included all such income as arises directly or indirectly ...... (iii) to a minor child of such individual from the admission of the minor to the benefits of partnership in a firm ; ........" It would be seen that, in certain cases, in computing the individual assessee' income, the income arising directly or indirectly to the assessee's spouse....