1932 (1) TMI 28

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.... The facts out of which this reference arises may be shortly stated as follows : A Hindu joint family consisting of the father and manager V.S.K.S. Soma-sundaram Chetty and his son has been assessed under Section 3 of the Act. The permanent home of the family is Lakshmipuram in the Pudukottah State where it has a money-lending-business. It also carries on piccegoods businesses at Madras and Madura....

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....following questions to its, viz.: (1) Whether the decision in Commissioner of Income Tax v. T.S. Firm (1927) I.L.R. 50 M. 847 : 53 M.L.J. 249 (F.B.) as regards residence is applicable only to cases of partnership and not to cases of joint undivided Hindu family business and whether that decision does not apply to the facts of the present case. (2) Whether there is legal evidence ....

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....cannot be that the test of residence should be one thing if it is a trading family and the test of residence some other tiling if it gets income from securities, property or other sources. Thus, obviously, to liken a Hindu joint family to a firm or a company will lead to anomalous conclusions. In Commissioner of Income Tax v. T.S. Firm (1927) I.L.R. 50 Mad. 847 : 53 M.L.J. 249 (F.B.) it was held t....

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....28) A.C. 234. Similarly we do not see any reason why a joint Hindu family must not be said to be resident in more than one place. Therefore we are of opinion that the test in Commissioner of Income Tax v. T.S. Firm (1927) I.L.R. 50 Mad. 847 : 53. M.L.J. 249 (F.B.) cannot apply to what are generally described in decisions as Hindu Law partnerships, i.e., partnerships which are the creatures of Hind....