1979 (11) TMI 25

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....efore us is the HUF known as Bhai Sardar Singh & Sons. This family had acquired 100 shares of the face value of Rs. 10,000 of Sunder Das Sardar Singh Pvt. Ltd. Bhai Sardar Singh who is the karta of the family became the director of the company and was paid amounts of Rs. 22,500 and Rs. 24,000 for the previous years relevant to the assessment years 1959-60 and 1960-61. These amounts included sal....

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.... the case of Palaniappa Chettiar v. CIT [1968] 68 ITR 221, held that the salary incomes enjoyed by Bhai Sardar Singh were his individual earnings. It is in these circumstances that the Commissioner of Income-tax, Delhi, has got referred the following question for opinion of this court: " Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding....

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....f the company. The Tribunal also found as a fact that Bhai Sardar Singh possessed long experience in building contract business and had, besides, stayed at Srinagar for three years at a stretch to look after the business of the company. It may also be mentioned that only four of the five directors of the company were being allowed salaries. The salaries of the other directors were at lesser rat....