COMMISSIONER OF WEALTH TAX Vs. B SIVAPRAKASH

JUDGEMENT

(1.) THE Hindu undivided family (HUF) of one A.T. Bala-krishnan consisted of himself, his two sons, one daughter and wife. THE assessee--Shri B. Sivaprakash, is one of the two sons of the said A.T. Balakrishnan.

(2.) THE property at No. 301, T. H. Road, Madras, is the self-acquired property of the said assessee. What he did was, he threw the said self-acquired property in the hotchpot of the Hindu undivided family on July 27, 1970, and, on the same day, a partial partition was effected in respect of the said self-acquired property allotting 2/3rds share in the said property to himself and 1/3rd share in favour of his mother.

(3.) IT is on these facts, at the instance of the Revenue, the Tribunal referred the common question of law, as below, for the opinion of this court :