1989 (3) TMI 67

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.... of the Hindu undivided family continued to belong to it as before, in the assessment years in question and whether there was no evidence in support of the finding of the Tribunal that the family arrangement dated August 17, 1961, was sham and fictitious transaction ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in treating the entire income of the business of the Hindu undivided family for the assessment years in question ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the income of Vijay Kumar and Narendrakumar was earned with Hindu undivided family assets and, therefore, was liable to be included in the hands of ....

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....ncome-tax Officer. The Income-tax Officer, therefore, treated the income arising to the minors from admission to the benefits of the partnership as income of the assessee-Hindu undivided family. On appeal, it was held that the gifts from out of the amount of streedhan by Smt. Badamibai were valid and that income connected with those gifts could not be assessed in the hands of the assessee-Hindu undivided family. The Commissioner of Income-tax (Appeals), however, held that income relatable to the gifts made by Smt. Badamibai out of funds alleged to have been received by her as a result of a family settlement, was liable to be taxed in the hands of the Hindu undivided family. Aggrieved by the order passed by the Commissioner of Income-tax (Ap....