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C I T v. Atma Ram Sons - INCOME TAX REFERENCE No. 32 of 1986  RD-AH 1007 (4 October 2004)
Income Tax Reference No.32 of 1986
The Commissioner of Income Tax Vs. M/s. Atma Ram & Sons.
Hon'ble R.K. Agrawal, J
Hon'ble P.Krishna, J
The Income Tax Appellate Tribunal, Delhi has referred the following question of law under section 256 (1) of the Income Tax Act 1961 (hereinafter referred to as the Act) for opinion to this Court:-
"Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in upholding the order of the A.A.C. Holding that the share income of M/s. Civil Engineers & Co. It was the income of Shri Jai Bhagwan and Shri Ram Bharosey?"
We have heard the Shri A.N. Mahajan, the learned standing counsel for the Revenue.
Briefly stated the facts giving rise to the present reference are as follows.
The respondent assessee which a HUF during the assessment year 1980-81 claimed that share income of M/s. Civil Engineers Co. Sharda Nagar and Civil Engineers & Co. cannot be included in its income as they have been allotted two different groups namely Shri jai Bhagwan and Shri Ram Bharosey as a result of partial partition. It may be mentioned here that the partial partition has been accepted by this Court in the case of Commissioner of Income Tax Vs. M/s. Atma Ram & Sons 1999 U.P. Tax Cases 636 which is inter se between the same parties. In this view of the matter the Tribunal was justified in upholding the case of respondent assessee.
Following the aforesaid decision we answer the question of law referred to us in affirmative i.e in favour of the assessee and against the Revenue. However, there shall be no order as to costs.
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