2001 (7) TMI 86

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....he instance of the Revenue, the following question has been refer red for the opinion of this court by the Income-tax Appellate Tribunal, Delhi Bench "B" (in short "the Tribunal"), under section 256(1) of the Income-tax Act, 1961 (in short "the Act"): "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in confirming the order of the Appellate Assistant Co....

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....was taxable in the hands of the individual and not in the hands of the Hindu undivided family. The assessee preferred an appeal before the Appellate Assistant Commissioner (in short "the AAC"). The said authority placed reliance on the decision of the Gujarat High Court in CIT v. Dr. Babubhai Mansukhbhai [1977] 108 ITR 417 and held that the status was to be taken as Hindu undivided family. In furt....

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....s part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth. Normally, therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his....