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1983 Supreme(AP) 191

M.JAGANNADHA RAO, A.SEETHARAM REDDY
Commissioner of Income Tax, A. P. – Appellant
Versus
Pabbati Shankaraiah – Respondent


SEETHARAMA REDDY, J.

( 1 ) THE question of law raised at the instance of the Revenue, in this consolidated reference, pertaining to the common assessee in respect of the assessment years 1966-67 to 1971-72 is :"whether, on the facts and in the circumstances of the case, the assessment in the status of body of individuals in respect of the share income from the firm, T. L. Jagannadham Son, is valid ?"

( 2 ) THE format of the case, as set out in the statement of case, is that Shankaraiah is the karta of the HUF consisting of himself, his major son, Rajanna alias Raja Veeraiah and his two minor sons, Samba Murthy and Ravinder and his wife. He was a partner in a firm known as M/s. Thota Lingaiah Gari Jagannadham Son, having 30% share. Admittedly, the share income belonged to the HUF, as he was representing the family being the karta of it. The share income from the firm was being assessed in the hands of the HUF up to and including the assessment year 1964-65. On 26/10/1963, there was a partial partition in the family, which was reduced to writing by a memorandum. This partial partition was only in respect of the interest of the family in the aforesaid firm. The division was effected by

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