TMI Blog1984 (1) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... 961, for directing the Tribunal to refer certain questions of law to this court for its opinion and to draw up a statement of case for that purpose. The questions which are sought to be referred are as follows : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that a sole surviving coparcener can dispose of the coparcenary property as if it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndu undivided family (referred to hereinafter as " the HUF ") consisting of himself, his wife, Jayantika, and their two minor daughters, Arti and Anjana. The respondent before us is the said HUF during the year under assessment, namely, assessment year 1973-74 and as the karta of the assessee-HUF made gifts of certain shares of its undivided share in certain immovable properties to Smt. Jayantika ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It was directed that the capital gains arising to the donees be excluded from the total income of the assessee. An appeal was then preferred by the Department to the Income-tax Appellate Tribunal, but that was also dismissed. The Department then made an application to the Income-tax Tribunal for referring the aforesaid questions to this court, but that application was also rejected. What is set o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the alienation, whether it is by way of sale, mortgage or gift, will nevertheless stand, for a son cannot object to alienations made by his father before he was born or begotten. The same position emerges from the decision of a Division Bench of the Gujarat High Court in Anilkumar B. Laskari v. CIT [1983] 142 ITR 831. It has been held there that under the Hindu law, it is the settled legal positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver. It is true that, in that case, it so happened that the property in question had been thrown by the sole surviving coparcener into the family hotchpot which had no other property, but the principle laid down which we have pointed out above, was not limited to those facts but was of general application. The questions aforesaid admit of only one answer and that is in favour of the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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