THAKUR HARI SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) WE have before us a reference by the Income-tax Appellate Tribunal Bombay Bench 'B' under Section 66(2) of the Indian Income-tax Act, 1922, and the following three questions have been referred to us with the statement of the case :--

(2.) BOTH the learned counsel, for the assessee and the Department, however, agreed that the fate of the case turns on the determination of the first question and accordingly they addressed us only on that question. They also agreed that the other two questions really did not arise in the case.

(3.) BOTH the learned counsel agree that the income derived by a holder of an impartible estate is the income of an individual. Mr. Lodha has also candidly conceded that if the property cannot he said to have been incorporated with the impartible estate, then it could be treated by the holder as his self- acquired property and in that situation he would be free to blend it with the Hindu Undivided Family properties by expression of a clear intention Mr. Lodha also did not dispute the position that if the properties, which were in the hands of late Thakur Jaswant Singh, did not form part of the impartible estate, then on succession -- by the assessee they became the joint family properties vis-avis the sons of the assessee. In view of this we need not refer to the several cases that have been cited by both the learned counsel The bone of contention between the learned counsel ultimately centred on the blending of these properties with the property of the Hindu undivided family.