9911796707
TMI Blog1991 (4) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... isting of the assessee and his daughter right from the assessment year 1957-58 and continued to be so in the assessment year 1971-72 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in excluding the income from half share of the property No. 1, Prithvi Raj Road, New Delhi, from the taxable income of the assessee ?" A few relevant facts may, briefly, be noticed. It is not necessary to state the facts in detail as the same appear in the statement of the case sent by the Tribunal. Up to the year 1970-71, the assessment was made on the basis that the property in question partook of the character of the property of the Hindu undivided family, but, for the assessment year 1971-72, the Income-tax O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on which has been thrown into the common hotch-pot by Shri S. P. Chopra is to be assessed in the hands of the assessee as having an individual status or is to be assessed as if it is income from the Hindu undivided family consisting of the assessee and his daughter. It is no doubt true that, in order to constitute Hindu undivided family property, a nucleus is not necessary and even with one male member along with another female member, a Hindu undivided family can be constituted. We have to proceed on the basis of these admitted facts that the half share in the property in question exclusively belongs to Shri S. P. Chopra which he threw into the common hotch-pot. What is to be seen is whether, even after throwing the half share into the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents on the birth of a son but until that event happens, the property, in the eye of Hindu law, is really his. He can deal with it as a full owner, unrestrained by considerations of legal necessity or benefit of the estate. He may sell it, mortgage it or make a gift of it. Even a son born or adopted after the alienation shall have to take the family hotch-pot as he finds it. A son born, begotten or adopted after the alienation has no right to challenge the alienation." It was observed that (at p. 796) "since the personal law of the appellant regards him as the owner of Kathoke Lodge and the income therefrom as his income even after the property was thrown into family hotch-pot, the income would be chargeable to income-tax as his individual ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
