Supreme Court · 1989 INSC 143 · Decided 26 April 1989
Commissioner of Income Tax, Calcutta v. Prahaladrai Agarwala
- Court
- Supreme Court of India
- Citation
- 1989 INSC 143 · [1989] 2 S.C.R. 737
- Case number
- CIVIL APPEAL No. 575/1975
- Decided
- 26 April 1989
- Bench
- R.S. PATHAK, M.H. KANIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 64(J)(iii), 64(1)(ili), 64(1)(iii)
Headnote
).. Income Tax Act, 1961: Section 64(J)(iii)-Wife partner in firm " alongwith husband-Capital contributed by wife out of amount gifted by the husband-Share of profit of assessee's wife-Whether includible in total income of the husband-There must be proximate connection between the accrual of partners in a lirm in which the live other partners were his wife, mother, grand-father, brother, and a stranger. His wife had contributed Rs.Sl,000 as capital A B c in the lirm, which amount came out of two gifts made to her by the assessee. In the course of assessment proceedings for the
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