1960 (9) TMI 119

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.... maintenance allowed to a wife of the karta of the assessee Hindu undivided family and charged on his movable and immovable properties by agreement between the spouses is a permissible deduction from the assessees between the spouses is a permissible deduction from the assessees income in order to arrive at its taxable income ?" The assessee is a Hindu undivided family consisting of Kunwar Kris....

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....first ground relied upon by the Tribunal is based on condition (3) of the agreement which reads as follows : "3. That the said maintenance allowance of rupees six thousand per annum shall from the first charge on the properties, movable and immovable, belonging to the first party." The first party referred to was Kunwar Krishna Chandra son of late Raja Lalta Prasad. O.B.E., caste Agarw....

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....or the payment. At the time when the charge was created Kunwar Krishna Chandra was the sole owner of the entire property and was competent to create the charge in the circumstances of the case on the entire property. The subsequent birth of children by a second wife could not remove the charge or limit the enforceability of the charge of the interest of Kunwar Krishna Chandra only. It is possible ....