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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 ..... BHAT., B. VENKATASWAMI. JUDGMENT The judgment of the court was delivered by GOVINDA BHAT J.-This is a reference made at the instance of the Commissioner 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , after the coming into force of the Hindu Succession Act, 1956. Since Ramaswamy Setty died intestate, his share in the joint family property devolved on his wife, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Hindu Succession Act having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property devolves by succession 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtition by metes and bounds the income-tax department cannot take notice of a mere division in status by virtue of section 171 of the Income-tax Act, 1961, is untenable. 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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