TULSIDAS KILACHAND CHINUBHAI KILACHAND AMBALAL KILACHAND RAMDAS KILACHAND Vs. COMMISSIONER OF INCOME TAX BOMBAY CITY I IN ALL THE APPEALS

JUDGEMENT

(1.) This judgment governs the disposal of Civil Appeals Nos. 134 to 137 of 1959. They have been filed by four assesses with special leave, and arise out of similar facts, and it is not necessary to refer to more than one case to consider the point in question.

(2.) The assessment year under consideration is 1952-53, and the previous year, the Calendar year, 1951. In that year, Mr. Tulsidas Kilachand, one of the four appellants, made a declaration of trust in favour of his wife, a portion of which may be quoted here:

(3.) On appeal, the Appellate Assistant Commissioner held that the case was governed by S. 16(3)(b), and need not be considered under the third proviso to S. 16(1)(c) of the Act. It appears to have been conceded before him that if the former provision applied, the proviso would not save the income from being assessed in the hands of Mr. Tulsidas Kilachand. The appeal was dismissed.