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july 1978

Supreme Court of India · 1978-07-27

M/S. Y. L. AGARWALLA AND ORS. vs COMMISSIONER OF INCOME -TAX, CENTRAL, CALCUTTA

Citation / case number
SC 1976/60808
Court
Supreme Court of India
Petitioner
M/S. Y. L. AGARWALLA AND ORS.
Respondent
COMMISSIONER OF INCOME -TAX, CENTRAL, CALCUTTA
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that the share income of the three minor sons from the partnership firm is assessable as the income of the Hindu Undivided Family (HUF) under Section 4 of the Income Tax Act. The Court emphasized that the minor sons were admitted to the partnership benefits in their individual capacity, but the income derived was still linked to the HUF's capital. The appeal was dismissed, affirming the lower authorities' decisions that the income should be included in the HUF's assessment for tax purposes.

M/S. Y. L. AGARWALLA AND ORS. vs COMMISSIONER OF INCOME -TAX, CENTRAL, CALCUTTA · Niyam