9911796707
TMI Blog1971 (7) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... er 4, 1959. After the birth of these two children, Padmavathi Ammal, purporting to act in her own right, executed a deed of settlement in favour of her after-born children, Rajendran and Parvathi, and under the settlement deed dated March 24, 1960, she gave away an extent of 42 acres in favour of both the children and reserved for herself the balance of 8.05 1/2 acres. Till the assessment year 1961-62, the holding of the writ petitioner was reckoned ignoring the settlements made by him on August 6, 1954, in favour of his wife and minor children and he was assessed accordingly. In fact, these assessments were all under applications for composition made voluntarily by the writ petitioner for the purpose of ultimately reckoning the agricultura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h accordingly, and his composition application for the assessment year disposed of in that light. It is against this order the present writ petition has been filed. The learned counsel for the petitioner urges that, as Padmavathi Ammal, the wife of the petitioner, secured an interest over the land specified and delimited in the settlement deed dated August 6, 1954, she had obtained an absolute interest therein and any disposition by way of settlement made by her thereafter should be deemed to be in exercise of a vested right in her, and thus understood, the settlement dated 24th March, 1960, should be fully given effect to, and the 42 acres so settled thereunder should not be taken into consideration for the purposes of determining the inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be viewed with a lynx eye to find out whether it is a transaction which is attributable to the individual, though not directly but indirectly. In the facts and circumstances of this case, a husband settles properties not for valuable consideration but for love and affection, a larger extent of land, in favour of his wife. He was also careful to settle his properties in favour of his children who were born by then. He, however, had two more children after the settlement was effected. The wife takes upon herself the responsibility of being the donor this time, and she settles in her turn a portion of the properties settled on her in favour of the two after-born children. It should, however, be noted that her holding was always treated as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at sorts are covered by the word "indirectly" because such transfers may be made in different ways. One such way is afforded by the case before me. I am satisfied that the Commissioner of Income-tax has rightly held that the transfer in question is an indirect transfer made by the petitioner, and the composition application has been rightly dealt with by the Agricultural Income-tax Officer. The second ground urged is that the properties in question were ancestral properties, or at any rate were merged with ancestral properties, and therefore, when the settlement was made by the wife, what was given to the male child on 22nd September, 1955, should be deemed to be in lieu of his share as a coparcener in a Mitakshara family. There is a fall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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