1997 (11) TMI 34

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....artment, the Income-tax Appellate Tribunal has stated a case and referred the following question of law under section 256(1) of the Income-tax Act, 1961, for our opinion : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the reunion was valid and effective in respect of properties brought into the recreated joint family and, the....

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.... undivided family. After the reunion, the father and the son brought a fixed deposit of Rs. 50,000 each to the Hindu undivided family and declared that the joint family alone would hold the rights in respect of these assets totalling a sum of Rs. 1,00,000. The assessee Rajkumar, as a karta of the Hindu undivided family (specified) in the return filed for the assessment year 1982-83 claimed exem....

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....stwhile family prior to the partition would be the properties of the reunited joint family. The result is that after the decision of this court holding that the reunion is valid, it is not permissible for the Income-tax Officer to include the income arising out of the contribution of Rs. 50,000 made by the assessee in the hands of the specified Hindu undivided family. The income arising out of the....