1971 (1) TMI 29

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....logy of the petitioner's undivided joint family is given hereunder. Bhagirathi has two sons Surajmal and Rampal. Nanu Devi is the wife of Surajmal and Godavari Devi is the wife of Rampal. Surajmal has three sons, Lokanath, Biswanath and Chaturbhuj. Subash and Manu (Manmohan) are the sons of Rampal. Sheoduttrai, Bholanath and Bhagirathi (petitioner) were the sons of deceased Dhanraj. Bholanath died....

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....ferred to as " the Act "), for the gift-tax assessment year 1966-67, calling upon him to furnish a return of the gifts made by him in favour of the undivided joint family. The petitioner filed an application on 24th of July, 1967, asserting that the blending of his separate property inherited by him from his late brother, Bholanath, with the joint family assets did not constitute a gift. This defe....

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....now why the amount of Rs. 2,32,662.95 should not be treated as a gift by you to the Hindu undivided family of which you are the karta. " In a reply dated 28th of October, 1968 (annexure " F "), the petitioner denied his liability. By annexure " G " dated October 29, 1968, the revenue relied Upon Keshavlal Lallubhai Patel v. Commissioner of Income-tax and Commissioner of Gift-tax v. C. Satyanara....

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.... v. Commissioner of Gift-tax. In that case their Lordships observed that the separate property of a Hindu coparcener acquires the characteristic of a joint family property not by any physical mixing with his joint family or ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act is a unilateral act. The moment....