N.V. BALASUBRAMANIAN, J.

The tax cases relate to two asst. yrs. viz., 1978-79 and 1979-80. The points involved are common and the following two questions of law have been referred to us at the instance of the Department

1. Whether, on the facts and circumstances of the case, the Tribunal was right in holding that interest credited to the accounts of the family members of the assessee-HUF is not liable to be included in the assessee's income ?

2. Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to deduction under s. 80L of the Act on the ground that the Malaysian income in the case of S. M. M. Muthappa Chettiar has been deleted from his total income and as a consequence the assessee ceased to be a specified HUF with a member having taxable income ?

Insofar as the first question of law is concerned, the ITO allowed (sic-assessed) the interest credited to the accounts of certain family members of the HUF in the hands of the assessee on the ground that there was no valid partition and the amount continued to belong to the joint family. The AAC and the Tribunal held that the partial partition claimed by t