P F PINTO Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) THIS is a reference under section 27 of the Wealth-tax Act made by the Income-tax Appellate Tribunal, Madras Bench, at the instance of the assessee, P. F. Pinto. It relates to or arises out of his assessment to wealth-tax for the very first assessment year 1957-58 after the coming into force of the Act. The relevant valuation date is March 31, 1957.

(2.) IN his return of his wealth for purpose of taxation, the assessee claimed the status of a Hindu undivided family and signed the return in his capacity as karta of the said family. Prior to the coming into force of the Wealth-tax Act, it appears that the assessee was being assessed as an individual under the INdian INcome-tax Act. The original assessing authority, the Wealth-tax Officer, Mysore, rejected his claimed. An appeal by him to the INcome-tax Appellate Tribunal failed. Thereafter, at his instance, the Tribunal has referred the following question for the opinion of this court :

(3.) DURING the lifetime of Mathias, some time after the death of Salvador, one of the daughters of appears to have laid claim to a share in the property left by Salvador. That claim was resisted by Mathias on the plea that this family was governed, not by the provision of the Indian Succession Act, but by the Hindu law which their ancestors were following before their conversion to Christianity. The dispute, however, did not result in any decision by court but was settled by mean of a compromise by which some property was made over to the sister.