Supreme Court · 1999 INSC 290 · Decided 27 July 1999

Commissioner of Income Tax, Ludhiana v. Om Prakash

Court
Supreme Court of India
Citation
1999 INSC 290 · [1999] 3 S.C.R. 1186
Case number
CIVIL APPEAL No. 4234/1983
Decided
27 July 1999
Bench
S.P. BHARUCHA, B.N. KIRPAL, S. RAJENDRA BABU, S.S.M. QUADRI, M.B. SHAH (5-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Income Tax Act Section 16(3)(a)(i), 64(ii), 2(31), 64(1)

Headnote

Income Tax Act, 1961: C 1 Income tax S.64(/)(i) and (ii) (as it stood prior to 1-4-1976)- clubbing of income- Applicability of-To Karta of HUF-Assessee was a partner in a partnership firm in his capacity as Karta of HUF-Minor children of the said assessee admitted to benefits of partnership-Held: does not include Kar!a of HUF­ Hence, the income arising to spouse or minor child of Karta of HUF cannot D be included in the computation of his total income-Income of such Karla -~s income of the HUF and not his individual income-Income Tax Act, 1922, S.16(3)(a)(i) and (ii) (as

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