COMMISSIONER OF INCOME-TAX VS SHRI RAM AVTAR
1991 P T D 270
[Punjab and Haryana High Court (India)]
Before V. Ramaswami, C.J. and G. R. Majithia, J
COMMISSIONER OF INCOME-TAX
Versus
SHRI RAM AVTAR
Income-tax Case No. 74 of 1981, decided on 23/08/1988.
Income-tax---
----Reference---Total income---Interest payable on deposits in the names of minors---Whether could be treated as income arising from their admission to partnership and included in total income of assessee is a question of law fit to be referred.
Whether the Tribunal was right in holding that the interest payable on the deposits standing in the names of minors could not be treated as income arising directly or indirectly from their admission to the benefits of the partnership so as to attract the provisions of section 64(1)(iii) of the Indian Income-tax Act, 1961, and be included in the total income of the assessee, was a question of law fit to be referred.
Ashok Bhan and A.K. Mittal for the Commissioner.
S.S. Mahajan for the Assessee.
JUDGMENT
V. RAMASWAMI, C.J.--We are satisfied that the following question of law does arise from out of the order of the Tribunal. Accordingly, we direct the Tribunal to state a case and refer the following question of law to this Court for its opinion:
"Whether. on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the finding of the Appellate Assistant Commissioner that the interest payable on the deposits standing in the names of minors could not be treated as income arising directly or indirectly from their admission to the benefits of the partnership so as to attract the provisions of section 64(l)(iii) of the Income-tax Act, 1961, and be included in the total income of the assessee?"
Z.S./824/TOrder accordingly.