ARVIND CHANDULAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this case at the instance of the assessee, the following question has been referred to us for our opinion by the Tribunal:

(2.) IN the present reference, we are concerned with asst. yrs. 1968 69 and 1969 70, the relevant previous years being Samvat years 2023 and 2024. Samvat year 2023 was from November 30, 1966, to November 2, 1967, and Samvat year 2024 was from November 3, 1967 to October 20, 1968.

(3.) UNDER the family arrangement, all the properties belonging to or owned by the different family members who were parties to the family arrangement, were pooled together and it is contended on behalf of the Revenue that all these properties have come to Arvind as his absolute property. For the asst. yrs. 1940 41 to 1955 56, assessment was made on Manilal Shamaldas HUF and, for the asst. year 1950 51 in connection with Manilal Shamaldas HUF, the Tribunal delivered a judgment on December 3, 1955. From the asst. year 1956 57 to the asst. year 1967 68, Arvind Chandulal was assessed in the status of an "individual" so far as income tax was concerned and no appeal was preferred against this decision to assess in the status of an individual.