TMI Blog1973 (8) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... in the affirmative - - - - - Dated:- 8-8-1973 - Judge(s) : V. RAMASWAMY., G. RAMANUJAM. JUDGMENT The judgment of the court was delivered by RAMANUJAM J.-The following question has been referred to this court at the instance of the revenue: " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in excluding the income from property from the total income from the income-tax assessment for the assessment year 1962-63 and the value of this property for wealth-tax purposes for the assessment years 1962-63 and 1963- 64 respectively ? " As is clear from the above question, the reference arises out of three orders of the Tribunal, two under the Wealth-tax Act for the assessment years 1962-63 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... divided family. Therefore, they completed the assessment under the Income-tax Act as well as the Wealth-tax Act, on the basis that the house property belonged to the assessee in the relative assessment years. The view taken by the assessing authorities was confirmed by the appellate authorities functioning under the Income-tax Act as well as the Wealth-tax Act. The assessments ultimately came before the Tribunal. The Tribunal took the view that though the intention to impress the property with the character of a joint family property was disclosed by the assessee in the will which can come into operation only on the death of the assessee, still the declaration of such intention made by the assessee in the will can be taken to impress the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and that, therefore, during the assessment year the house property cannot be taken to be the property of the Hindu undivided family. It is further contended that even on the terms of the will, it cannot be said that the assessee has impressed the house property with the character of joint family property as on the date of the will and that some of the other clauses in the will dealing with the right of residence of the assessee's wife in the house property appear to be inconsistent with the house property being the joint family property. But we are of the view that the Tribunal has come to the right conclusion in this case. The mere fact that the statement or declaration of the assessee is contained in a document styled as a will, the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come into force during the lifetime of the assessee. As regards the contention of the learned counsel for the revenue that the assessee has merely expressed a desire to treat the property as the property of the joint Hindu family and that he has not in fact impressed the house property with the character of joint family property by making a clear and unequivocal statement, it is seen though the assessee starts by saying that it is his desire that the house property should belong to the Hindu undivided family of which he is the karta, later he makes his intention clear by saying that he makes no separate interest over the said property except as that of a Hindu undivided family. This subsequent sentence, in our view, makes the assessee's int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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