1984 (1) TMI 44

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....ay of a petition under s. 256(2) of the I.T. Act, 1961, for directing the Tribunal to refer certain questions of law to this court for its opinion and to draw up a statement of case for that purpose. The questions which are sought to be referred are as follows : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that a sole surviving coparcener....

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....o this court. Anil Chinai was the karta of a Hindu undivided family (referred to hereinafter as " the HUF ") consisting of himself, his wife, Jayantika, and their two minor daughters, Arti and Anjana. The respondent before us is the said HUF during the year under assessment, namely, assessment year 1973-74 and as the karta of the assessee-HUF made gifts of certain shares of its undivided share in ....

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.... action of the ITO was not sustainable in law. It was directed that the capital gains arising to the donees be excluded from the total income of the assessee. An appeal was then preferred by the Department to the Income-tax Appellate Tribunal, but that was also dismissed. The Department then made an application to the Income-tax Tribunal for referring the aforesaid questions to this court, but tha....

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....s subsequently born to him or adopted by him, the alienation, whether it is by way of sale, mortgage or gift, will nevertheless stand, for a son cannot object to alienations made by his father before he was born or begotten. The same position emerges from the decision of a Division Bench of the Gujarat High Court in Anilkumar B. Laskari v. CIT [1983] 142 ITR 831. It has been held there that under ....