LAWS(P&H)-1971-11-6

COMMISSIONER OF GIFT-TAX Vs. TEJ NATH

Decided On November 09, 1971
COMMISSIONER OF GIFT-TAX Appellant
V/S
TEJ NATH Respondents

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Delhi Bench "c", referred the following question of law for the opinion of this court :

(2.) THIS reference was posted before me and Gopal Singh J. for hearing. In view of the conflict of judicial opinion on the question whether the gift by a karta of a Hindu undivided family to coparceners and non-coparceners is void ab initio, we directed that this reference should be heard and decided by a larger Bench. That is how this reference has been placed before the Full Bench.

(3.) THE assessment year in question is 1964-65. The previous year ended on 31st March, 1964. Shri Tej Nath is the assessee. He was assessed as an individual in the year in question (1964-65 ). The relationship of the donor and the donees is indicated by the following pedigree-table : Sunder Lal | his three wives ___________________________________________ | | | (name not known, Kartari Devi Gulab Devi | had pre-deceased her (childless) husband | | Amar Nath | | Ram Nath Tej Nath (wife, Satya Bhama) (wife, Kamla Devi) | | | | Rajinder Ravinder Naresh Kumar Kumar Kumar