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Issues Involved:
1. Assessment to gift-tax for the years 1968-69 and 1969-70. 2. Assessment of wealth-tax for the year 1968-69. 3. Determination of whether the sum of Rs. 3,35,881 constituted joint family property or individual property. Detailed Analysis: Issue 1: Assessment to Gift-Tax for the Years 1968-69 and 1969-70 The primary question was whether the sums of Rs. 1,50,000 and Rs. 1,05,000 constituted gifts for the assessment years 1968-69 and 1969-70, respectively. The amounts in question were part of the Rs. 3,35,881 won by the assessee at the races. These sums were divided among the assessee's five sons and wife through documents dated March 6, 1968, and August 8, 1968. The court examined whether these amounts were gifts by the assessee or represented the value of the property belonging to the Hindu Undivided Family (HUF). The court noted that the preamble of the partition deed from March 6, 1968, indicated that the entire amount of Rs. 3,35,881 was treated as HUF property. Despite the Tribunal's doubts about the joint family funds being used to purchase the jackpot ticket, the court emphasized that there was no specific finding that contradicted the statement in the document. The Tribunal's reasoning that the prize was a windfall due to the individual act and luck of the assessee was not sufficient to negate the declaration of the funds as HUF property. The court concluded that the sums of Rs. 1,50,000 and Rs. 1,05,000 were not gifts by the assessee but were part of the HUF property divided among its members. Therefore, the question was answered in the negative, in favor of the assessee, and against the revenue. Issue 2: Assessment of Wealth-Tax for the Year 1968-69 The second issue concerned whether the sum of Rs. 1,53,016 belonged to the assessee individually or to the HUF. The court analyzed the documents and declarations made by the assessee, which consistently treated the entire amount of Rs. 3,35,881 as HUF property. The Tribunal's reliance on the absence of interest income from the deposit in the returns was deemed insufficient to negate the clear intention expressed in the declarations. The court reiterated that the income-tax authorities could not question the treatment of the funds as HUF property based on the motives or reasons behind such treatment. The sum of Rs. 1,53,016 was part of the HUF property and not the individual property of the assessee. Consequently, the question was answered in the negative, against the revenue, and in favor of the assessee. Issue 3: Determination of Whether the Sum of Rs. 3,35,881 Constituted Joint Family Property or Individual Property The core issue was whether the sum of Rs. 3,35,881 won by the assessee at the races was joint family property or individual property. The court examined the partition deed and subsequent document, both of which treated the amount as HUF property. The Tribunal's conclusion that the amount was a windfall due to the individual act and luck of the assessee did not constitute a factual finding that could negate the declaration in the documents. The court found that the amount had been consistently treated as HUF property from the outset. The reasons for treating the funds as HUF property were immaterial; what mattered was the clear intention to do so. The court held that the entire sum of Rs. 3,35,881 was HUF property, and this characterization could not be altered by the income-tax authorities. Conclusion The court answered both questions referred to it in the negative, favoring the assessee and against the revenue. The sums in question were part of the HUF property and not individual gifts or wealth. The assessee was entitled to costs, including counsel's fee of Rs. 500.
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