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TMI Blog1983 (3) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... g to him, belonged to his HUF with his wife. He contended that the said sum of Rs. 46,000 was made up of gifts made by his near relatives and those of his wife and that these gifts were made to the said HUF. The ITO accepted this claim and excluded the said amount of Rs. 1,500 from the income of the assessee. 2. However, the Commissioner, proceeding under section 263, set aside the assessment an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in N.V. Narendranath v. CWT [1969] 74 ITR 190 (SC) the Court was concerned with the property acquired on partition and he has also pointed out that in, CIT v. M. Balasubramaniam [1981] 132 ITR 529 (Mad.) the Court was concerned with the case of gift given by a father to his son for the son's future HUF whereas in this case the HUF of the assessee and his wife existed when the gifts were received. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In cases falling within the rule in Kalyanji's case [1937] 5 ITR 90 (PC), the question to ask is whether property which did not belong to a subsisting undivided family has truly acquired the character of joint family property in the hands of the assessee. In this class of cases, the composition of the family is a matter of great relevance for, though a joint Hindu family may consist of a man, hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lal Chhabda's case has also observed at page 796 that ' 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 the family hotchpot, the income would be chargeable to income-tax as his individual income and not that of the family '. This, however, is only an additional reason in that case. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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