| Case ID |
ed3494b6-fc4f-41aa-b9a6-38e9e7275a18 |
| Body |
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| Case Number |
WRIT PETITION No. 5604 OF 1977 |
| Decision Date |
Mar 15, 1978 |
| Hearing Date |
|
| Decision |
The court held that the assessee was liable to pay advance tax on the total income including the share income of his minor son. The argument that the prescribed form did not allow for reporting the share income of the minor son was dismissed. The court reaffirmed that the income of the minor child is deemed to be the income of the individual and must be included for the purpose of advance tax calculations. Consequently, the levy of interest under section 217(1A) was justified, and the writ petition was dismissed with costs. |
| Summary |
In this case, the High Court examined the obligations of an individual taxpayer regarding advance tax payments under the Income-tax Act, 1961. The petitioner, Lakshminarayan, failed to pay advance tax on the share income of his minor son, who was also a partner in the same firm. The Income Tax Officer imposed an interest charge under section 217(1A) for this failure. The petitioner challenged this decision, arguing that there was no statutory obligation to estimate the minor's income as the prescribed form did not accommodate it. However, the court ruled that the share income of the minor son must be included in the total income of the assessee, thereby affirming the levy of interest. This case highlights the importance of compliance with tax regulations and the obligations of taxpayers to report all sources of income accurately. Keywords: Income-tax Act, advance tax, interest charge, minor's income, tax compliance, legal obligations. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
S. Obul Reddi, C.J.,
Mrs. Amareswari, J.
|
| Lawyers |
T. Ramachandra Rao for the Applicant,
P. Rama Rao for the Respondents
|
| Petitioners |
Lakshminarayan
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
1979 SLD 905,
(1979) 117 ITR 628
|
| Other Citations |
Mutiah Chettiar v. CIT [1969] 74 ITR 183 (SC)
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
217,
212(3A),
64
|