KALLOOMAL TAPESWARI PRASAD HUF KANPUR COMMISSIONER OF INCOME TAX KANPUR Vs. COMMISSIONER OF INCOME TAX KANPUR: KALLOOMAL TAPESWARI PRASAD HUF KANPUR

JUDGEMENT

(1.) These two appeals by certificate - one by the assessee and the other by the Commissioner of Income-tax, Kanpur are filed against the judgment and order dated Sept. 29, 1972 of the High Court of Judicature at Allahabad in Income-tax Reference No. 47 of 1971 under Section 256 (1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') made by the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad (for short 'the Tribunal'). The two questions which were referred by the Tribunal for the opinion of the High Court were:

(2.) The assessee is a Hindu undivided family known as M/s. Kalloomal Tapeshwari Prasad and the year of assessment is 1964-65. THE assessee is governed by the Mitakshara school of law. THE following genealogical tree represents the relationship amongst the members of the family: <IMG>JUDGEMENT_447_1_1982Image1.jpg</IMG>

(3.) After hearing the parties. the High Court recorded its answer to the first question in the affirmative and in favour of the Department and in reaching that conclusion, it observed thus :