CI/69 7 The Income Tax Appellate Tribunal however on appeal by the appellant held that he should be assessed in the status of a Hindu Undivided Family.
The appellant claimed to be assessed in the status of a Hindu Undivided Family inasmuch as the wealth returned companysisted of ancestral property received or deemed to have been received by him on partition with his father and brothers.
The Income Tax Officer recognised the Hindu Undivided Family only from the date of the birth of the son, viz.
L 11 Sup.
2 60 I.T.R. 293.
Appeals from the judgment and order dated November 30, 1964 of the Andhra Pradesh High Court in Case Referred No.
3 60 I.T.R. 36.
49 of 1962.
Hence the income of the firm which had to be assessed to super tax was the separate income of each of these partners.
V. Rangarao, the father of the appellant, was the holder of an impartible estate called the Munagala Estate in the Krishna District in the State of Andhra Pradesh.
Thereupon, the Commissioner of Wealth Tax applied to the Tribunal to state a case to the High Court under section 27 1 of the Wealth Tax Act Act No.
8 92 appellant claimed that the income from the assets should be assessed in the hands of the Hindu Undivided Family companysisting of himself and his son which, according to him, had companye into existence in or about March, 1952 when the son was companyceived.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Appellate Assistant Commissioner and the Tribunal upheld this view on appeal.
This estate was abolished under the Madras Estates Abolition and Conversion into Ryotwari Act, 1948, and companypensation under section 45 of the Act was paid severally to the appellant, his father and his brothers.
11th December, 1952 and assessed the income till 11th December, 1952 in the hands of the appellant as an individual.
49 of 1962.
The Wealth Tax Officer did number accept the companytention of the appellant and assessed him as an individual for the assessment years 1957 58, 1958 59 and 1959 60.
The appellants family during the material time companysisted of himself, his wife and his two minor daughters and there was numberother male member.
The assets forming the subject of reference to the High Court companysisted of investments made from the companypensation amount received by the appellant in securities, shares etc.
Other properties belonging to the joint family of the appellant, his father and brothers were also partitioned between them from time to time.
1477 to 1479 of 1968.
T. Desai and K. Jayaram, for the appellant in all the appeals .
Narsaraju, G. C. Sharma, R. N. Sachthey and B. D. Sharma, for the respondent in all the appeals .
The appellant filed returns for the assessment years 1957 58, 1958 59 and 1959 60 in the status of a Hindu Undivided Family.
and also other assets such as deposits in Banks.
For the assessment year 1953 54 the relevant accounting year being the financial year 1st April 1952 to 31st March, 1953, the 1 1957 A.C. 540.
The Judgment of the Court was delivered by Ramaswami, J. These appeals are brought by certificate from the judgment of the Andhra Pradesh High Court, dated 30th November, 1964 in Reference Case No.
On appeal to the Appellate Assistant Commissioner of Wealth Tax the finding that he must be assessed as an individual was companyfirmed.
