1955 (4) TMI 48

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... onsisting of the assessee and his minor son. The facts giving rise to the reference may be shortly stated. Subramania Ayyar, the assessee, quarrelled with his father and came out of the family in or about April, 1944. With some moneys given to him by his father after the separation, and by his mother, he started a concern called the General Commercial Corporation in September, 1944. The partners in this concern were Subramania Ayyar and one M. S. Ramamoorthy Ayyar. This was wound up on the 31st March, 1947, and a new firm called the General Commercial Distributors came into being on and from the 1st April, 1947, with M. S. Ramamoorthy Ayyar and his son, one Sundaram Ayyar, holding a quarter share each and the assessee Subramania Ayyar .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed by him from his father. The second was that the declaration contained in the recital in the partnership deed of April, 1947, in which he had described himself as the manager of the joint undivided Hindu family, was sufficient to impress upon the business the character of a joint family business, such that its income would become the income of a Hindu undivided family. The Income-tax Officer did not accept the case put forward by the assessee as regards the source from which the ₹ 350 had been obtained by him and he was of the opinion that this sum represented at the best a portion of the gifts from the assessee's father and mother which would be self-acquired property in his hands. Dealing with the effect of the declaration con .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... educed from the conduct of the parties, there might be room for ambiguity and for difference of opinion. Where, however, it is the declaration of the owner of the separate property that is the evidence before the Court or the Tribunal, the inference that the character of joint family property is impressed upon the separate property follows, unless the words are incapable of that construction or if it represents merely a future intention not yet given effect to. In the present case the declaration is unambiguous in its terms and is to the effect that the assessee was entering into the partnership as the manager of the undivided Hindu family. The Tribunal makes a passing reference to this recital and states that the undivided Hindu family ref .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X