KRISHNA PRASAD C Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question referred under section 256(1) of Income-tax Act, 1961, for our opinion is :

(2.) BRIEFLY stated the facts are : One Krishnaswamy Naidu along with his two sons, C. Krishna Prasad (the assessee) and C. Krishna Kumar, formed a Hindu undivided family upto October 30, 1958, when there was a partition between Krishnaswamy Naidu and his two sons. In the said partition, the assessee got some house properties and vacant sites. The partition was recognised by the department and an order under section 25A of the Income-tax Act, 1922, was passed recognising the partition as from November 1, 1958.

(3.) SRI K. SRInivasan, the learned counsel for the assessee, relying on the observations made in Narendranath's case, urged before us that the properties of the assessee were joint family properties before the partition, that on allotment of a share to the assessee, the said share has not ceased to bear the character of joint family property and become the absolute property of the assessee. In other words, the partition did not affect the character of the properties as joint family properties.