9911796707
TMI Blog1993 (4) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... undivided family ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in including the value of Barwara House in the net wealth of the assessee in his individual status ?" The brief facts of the case are that the assessee filed his returns in the status of individual. After the death of the assessee, the legal representatives of the assessee submitted revised returns and excluded the value of the property known as Barwara House located at Civil Lines, Jaipur. The returns under the Wealth-tax Act, 1957, were filed declaring the said property as owned by the Hindu undivided family. Earlier, this matter came up for consideration before the Income-tax Appellate Tribunal in respect of the assessment yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amily. When the matter went before the Appellate Assistant Commissioner, the assessee withdrew the plea regarding the validity of the gift. The Tribunal came to the conclusion that the property belonged to the individual and not to the Hindu undivided family and the appeal was accordingly dismissed. This order has become final and has not been challenged before this court. Thereafter, in respect of the assessment years 1965-66 to 1974-75 as stated above, the matter was again agitated before the Wealth-tax Officer by filing revised returns of the individual by excluding the property and fresh returns of the Hindu undivided family showing the property as belonging to the Hindu undivided family. It was held that the property belonged to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the doctrine of res judicata would not apply but the point which has to be considered is when a particular issue has attained finality and no different facts have been pointed out, can the assessee be allowed to reagitate the same issues particularly when in respect of eight continuous years the adverse order given by the Tribunal has been accepted and no reference was filed in the High Court. The principles for finality of judgments are applicable and the Tribunal was bound by its earlier decision and could not have taken a contrary decision in respect of the same set of facts and circumstances of the same assessee. The decision given by this court in Sardar Kehar Singh v. CIT [1992] 195 ITR 769 has full application because of the previou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the submissions are made, and, therefore, that controversy is not required to be examined in these proceedings. Even if, for the sake of argument, the contention of learned counsel is accepted that the amendment is not procedural in nature or retrospective, the amendment shall be applicable from the assessment year 1965-66, and, therefore, whatever the character of the property might have been earlier, the impartible estate shall be considered to be owned by the individual because of the legal fiction created by the amendment. For this reason also, the order of the Income-tax Appellate Tribunal cannot be said to be erroneous. The decision in Thakur Gopal Singh v. CWT [1975] 99 ITR 354 (Raj), has no application and the validity of the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given to the Hindu undivided family and the interpretation placed on the gift deed is not a correct one and the words that the donee would receive the property for himself and for his heirs from generation to generation make it clear that it was intended to be given to the Hindu undivided family. We have seen the gift deed, a bare perusal of which shows that the property was given to the deceased by way of gift and thereafter it was mentioned that the donee and his heirs from generation to generation may enjoy the gift. The second part of this gift deed exclude the donor from any right of interference and it cannot be interpreted to mean that the property was given to the Hindu undivided family. We are also of the view that the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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