9911796707
TMI Blog1987 (11) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... he case, the finding of the Tribunal that the Income-tax Officer was competent to allocate and determine the tax liability in the hands of the members of the erstwhile Hindu undivided family by his order dated July 8, 1974, is perverse and unsustainable in law ? 2. Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that the two gift deeds dated December 5, 1955, and December 27, 1955, made by the karta of the Hindu undivided family in favour of his own family members for legal necessity and for the benefit of the estate were void ab initio or they were fully valid and acted only as a scheme to partition the Hindu undivided family properties ? " The relevant assessment year in the instant case is 1958-5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the assessee under section 256(1) of the Act was dismissed by the Tribunal and it is thereafter that the present application has been filed in this court. At this place, it may also be mentioned that prior to the passing of the order of assessment, two gift deeds had been executed by the karta of the Hindu undivided family in favour of his sons and daughters on December 5, 1955, and December 27, 1955, and it was thereafter that the partition took place on November 10, 1958. As regards the two gift deeds, they were held to be invalid by the Income-tax Appellate Tribunal, " B " Bench, Bombay, in ITA No. 11292 of 1963-64 by order dated July 7, 1964, and it appears that the said order became final. The partition which had taken place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged by learned counsel for the assessee before us and as seen above, the apportionment of tax liability has been made by the Income-tax Officer in his order of assessment dated July 8, 1974, on the basis of this partition. Apparently, therefore, no exception can be taken to the apportionment made of the tax liability. It cannot be said that on this score, any question of law arises from the appellate order of the Tribunal. As regards the question as to whether the two gift deeds were void or voidable, suffice it to say that even this question does not arise from the appellate order of the Tribunal not only because these two gift deeds had already been held to be invalid by the Bombay Tribunal by its order dated July 7, 1964, but also becau ..... X X X X Extracts X X X X X X X X Extracts X X X X
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