9911796707
TMI Blog1971 (1) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... joint family is given hereunder. Bhagirathi has two sons Surajmal and Rampal. Nanu Devi is the wife of Surajmal and Godavari Devi is the wife of Rampal. Surajmal has three sons, Lokanath, Biswanath and Chaturbhuj. Subash and Manu (Manmohan) are the sons of Rampal. Sheoduttrai, Bholanath and Bhagirathi (petitioner) were the sons of deceased Dhanraj. Bholanath died issueless on 14th of June, 1964. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gift-tax assessment year 1966-67, calling upon him to furnish a return of the gifts made by him in favour of the undivided joint family. The petitioner filed an application on 24th of July, 1967, asserting that the blending of his separate property inherited by him from his late brother, Bholanath, with the joint family assets did not constitute a gift. This defence was not acceptable to the reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 should not be treated as a gift by you to the Hindu undivided family of which you are the karta. " In a reply dated 28th of October, 1968 (annexure " F "), the petitioner denied his liability. By annexure " G " dated October 29, 1968, the revenue relied Upon Keshavlal Lallubhai Patel v. Commissioner of Income-tax and Commissioner of Gift-tax v. C. Satyanarayananmurthy, in support of its conclus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their Lordships observed that the separate property of a Hindu coparcener acquires the characteristic of a joint family property not by any physical mixing with his joint family or ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act is a unilateral act. The moment he declares his intention the property as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mahayana Rajasaheb Shri Pratapsinhji Saheb of Wankamer v. Commissioner of Gift-tax. On the aforesaid view, the separate property of the petitioner which was thrown into the common hotchpot of the undivided joint family before partition does not constitute a gift and is not assessable to gift-tax. In the result, the writ application is allowed. The impugned notices be quashed by issue of a writ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
