T. M. M. Sankaralinga Nadar – Appellant
Versus
The Commissioner Of Income-Tax – Respondent
1. The assessees are a Hindu joint family and were sought to be assessed for the year 1926-27 as members of a joint family. They claimed an allowance for interest which they said was paid on sums of money standing in the books as borrowings from the wives of the male members. These sums according to the assessees have been standing for several years in their books as moneys which belonged to the ladies and which they lent to the firm and on which interest has been paid to them. So far as the female members are concerned, it is not disputed that they were being taxed separately as if the interest paid to them was income which they derived from moneys which they lent to the firm. This was going on till 1923 when the Income-tax Officer instituted an enquiry as to whether these sums were really loans to the trade made by the female members. Notice was given, enquiry was held, affidavits were filed and the Income-tax Officer came to the conclusion that these were loans and the allowance was made for interest which was paid to the female members of the family. This went on according to the petitioners till the accounting year 1925-26. In 1926-27 enquiry was again opened on this q
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