COMMISSIONER OF INCOME TAX, U.P. Vs. RUKMANAND KEDIA.

JUDGEMENT

(1.) THE assessee, Shri Rukmanand Kedia, was a partner of a firm, Messers. Nathu Ram Harakh Chand. His son, Vishnu Kumar, a minor, was admitted to the benefits of partnership in the firm. Assessment proceedings for the year 1960 -61 were taken against the assessee as an a sum of Rs. 13,188 received by the son from the firm. This amount included a sum of Rs. 5,791 credited to the account of the son by way of interest. The Appellate Assistant Commissioner, upon appeal by the assessee, excluded the amount of interest from the income of the assessee. The Income Tax Appellate Tribunal endorsed the view taken by the Appellate Assistant Commissioner. It found that the sum of Rs. 5,791 represented interest earned by the son on the capital contributed by him. At the instance of the Commissioner of Income Tax, the Tribunal has referred the following question to this court for its opinion :

(2.) THE provisions of Sec. 16(3)(a)(ii) are as follows :

(3.) IT is clear that any income of a minor child of an assessee which can be attributed to the admission of the minor to the benefits of partnership in a firm of which the assessee is a partner must be included in the total income of that assessee. The income must arise by reason of the admission of the minor to the benefits of the partnership and the income may arise directly or indirectly from such admission. The legal position has been closely analysed by a Bench of this court, of which one of us was a member in L. Ram Narain Garg v/s. Commissioner of Income Tax and it has been held that where interest accrues upon capital introduced in the partnership firm by a minor admitted to the benefits of partnership, such interest is income which has arisen from the admission of the minor to the benefits of partnership. The decision in L. Ram Narain Garg's case was noticed with approval by the Supreme Court in S. Srinivasan v/s. Commissioner of Income Tax.