TMI Blog1968 (9) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee's family, and the income earned from the business previously carried on by the assessee Hindu undivided family continued to be the income of the Hindu undivided family after 17th of August, 1955 ? " Messrs. Sheo Narain Dulichand is the assessee. This is a Hindu undivided family. The year of assessment is 1956-57. The accounting period was the financial year ending on 31st March, 1956. The assessee submitted a return on the footing that there had been a partial partition in the family on 17th August, 1955. Under the partial partition, retail business and halwai business were taken over by two branches of the family. The wholesale businees of the family was taken over by a firm consisting of four partners, Sheo Narain, Jagram, Ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 922, as erroneous in law when there is no evidence to support it or if it is perverse. It is, therefore, necessary to reframe the question referred by the Tribunal. The proper question for consideration of this court would be : " Whether, on the facts and in the circumstances of the case, the findings of the Tribunal that there was no partial partition in the assessee family, and that the income earned from the business previously carried on by the assessee Hindu undivided family continued to be the income of the Hindu undivided family after 17th August, 1955, are legally sustainable ? " We proceed to answer the question as reframed by us. In support of its case of partial partition, the assessee produced the following evidence bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act that the assessee did not maintain books of accounts, it can hardly be blamed for its failure to produce account books before the Income-tax Officer. As regards the extent of the family capital, the Income-tax Officer observed that on 17th August, 1955, stock valuation was made, and the capital invested in the business was ascertained and divided. It was mentioned in the deed of agreement that the capital of the firm was Rs. 62,040-6-3. This was the capital taken over by the new firm from the Hindu undivided family. Apparently, the Income-tax Officer experienced no difficulty on the question of extension of the family capital. The four persons, who are partners of the new firm, were members of the joint Hindu family. So, no serious ob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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