1969 (10) TMI 8

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....er under section 256(1) of the Income-tax Act, 1961. The questions of law referred for our opinion are : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in excluding 4/17th share from the assessment of the Hindu undivided family for the assessment year 1961-62 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in hold....

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....e, daughter and three sons in equal shares. The share which devolved on the heirs, of Ramaswamy Setty is stated to be 4/17th. For the assessment year 1960-61, the question arose whether the 4/17th share of income that accrued from the two partnership firms was also assessable as the income of the Hindu undivided family. The Income-tax Appellate Tribunal, Madras Bench, has held that the 4/17th shar....

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....n on his heirs if he had left behind him a surviving female relative specified in clause (1) of the Schedule to the Hindu Succession Act. For the purpose of computation or determination of the share of the male Hindu, Explanation (1) to, section 6 of the Hindu Succession Act assumes that a notional partition in the family had taken place immediately before his death. Notwithstanding the death of a....