KASTURBHAI MAYABHAI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Tribunal has, at the instance of the asessee referred the following two questions for our opinion under s. 256(1) of the IT Act, 1961 :

(2.) MR. J.M. Thakore, Id. Advocate General appearing for the assessee did not press question No. 2. As question No. 2 not pressed, it need not be answered.

(3.) THE Tribunal took the view to the effect that all the properties which the assessee inherited from his adoptive father Mayabhai and natural father Manibhai belong to the assessee as individual. In other words, none of the properties belong to the assessee's HUF. However, since the question of income derived from properties inherited by the assessee from Mayabhai was not before the Tribunal, the Tribunal dismissed the revenue's appeals, which, as pointed out above, were confined to the income derived by the asessee from the properties which he had inherited from his natural father Manibhai. It is in the background of the above facts that question No. 1 has been referred to us for our opinion.