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TMI Blog1969 (10) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... ner under section 256(1) of the Income-tax Act, 1961. The questions of law referred for our opinion are : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in excluding 4/17th share from the assessment of the Hindu undivided family for the assessment year 1961-62 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fe, daughter and three sons in equal shares. The share which devolved on the heirs, of Ramaswamy Setty is stated to be 4/17th. For the assessment year 1960-61, the question arose whether the 4/17th share of income that accrued from the two partnership firms was also assessable as the income of the Hindu undivided family. The Income-tax Appellate Tribunal, Madras Bench, has held that the 4/17th sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on on his heirs if he had left behind him a surviving female relative specified in clause (1) of the Schedule to the Hindu Succession Act. For the purpose of computation or determination of the share of the male Hindu, Explanation (1) to, section 6 of the Hindu Succession Act assumes that a notional partition in the family had taken place immediately before his death. Notwithstanding the death of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enable. The joint family, notwithstanding the death of one of its male members, continues for the purpose of income-tax but the share of that joint family is diminished as in the case of alienation of any of the joint family properties. We answer the questions referred for our deicision in the affirmative and in favour of the assessee. The Commissioner will pay the costs of the assessee. Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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