9911796707
TMI Blog1978 (7) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... is total income for the assessment years 1956-57, 1958-59, 1959-60 and 1960-61?" Assessee, Gopaldas Tulsiram, is assessed to income-tax in the status of an individual. By an indenture of trust dated February 2, 1943, created by his father, Tulsiram Devidayal, certain properties were settled upon trust for the benefit of himself, his wife and four sons. During the life-time of the settlor, the assessee, who is one of the four sons of the settlor, was, under cl. 2(c)(ii) of the trust deed, entitled to receive one-tenth of the net income from the trust properties. By a declaration made by the assessee on November 8, 1956, he declared that on April 1, 1955, he voluntarily threw his right to have as beneficiary one-tenth of the total income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laims therein and it should be treated as forming part and parcel of the joint family property. The Tribunal pointed out that for impressing his self-acquired properties with the character of HUF properties no formalities were required, except the making of a clear and unequivocal declaration. Since such a declaration was made by the assessee, the income of the trust was not regarded as the income of the assessee for the four assessment years with which we are concerned. It is from these orders of the Tribunal that the above question has been referred to us by the revenue for the four assessment years hereinabove referred to. Mr. Joshi, on behalf of the revenue, submitted that the assessee was merely a beneficiary under the indenture of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been drawn by Mr. Joshi to any provision which prevents a member of a joint Hindu family from impressing his beneficial interest under a trust with the character of HUF property. What is required is merely an unequivocal declaration on the part of the beneficiary to do so. The genuineness of the declaration made by the assessee has not been doubted by any of the taxing authorities. If that was so, right from April 1, 1955, the assessee's interest under the trust was impressed with the character of joint family property. Such a thing can be done by a coparcener by unilateral act. There is no question of either the family accepting or rejecting it. Thus, once an unequivocal declaration is made by the assessee to impress his interest u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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