TaxTMI 
TaxTMI 
1981 (2) TMI 57
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....ent years are 1971-72 and 1972-73 ending on the corresponding last day of the month of March. The brief facts are that Todermal and Nanulal were two brothers. Todermal died leaving behind his widow, Smt. Mahadevi. The widow adopted Harish Chandra Gupta as son. Nanulal used to be assessed in the status of HUF consisting of himself, his brother's widow and the adopted son for the assessment years 1948-49 to 1950-51. On November 27, 1952, Nanulal died leaving behind a will in terms whereof all his properties stood bequeathed to Mahadevi for life and after her to Harish Chandra Gupta as full owner. For the assessment years 1951-52 to 1963-64, Harish Chandra filed returns treating his status as an individual and was assessed as such. For the ass....
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..... On the other hand, the assessee himself had declared his status to be that of an individual when he described himself as proprietor of the assets. The Tribunal came to hold: ".. ...... For deciding the issue whether the status of the assessee should be taken as an HUF it is enough to consider the last ground of the assessee that the properties were thrown by Harish Gupta into the common stock of the family consisting of himself and his children. The evidence for that claim is the series of returns from the assessment year 1964-65 in which Harish Gupta has declared that he was the karta of the HUF which derived income from these properties. Such declaration must be held to be an expression of an unequivocal intention of Harish Gupta to th....
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....separate property. The act by which the coparcener throws his separate property into the common stock is a unilateral act. There is no question of either the family rejecting or accepting it. By his individual volition he renounces his individual right in that property and treats it as a property of the family. No longer (perhaps sooner) he declares his intention to treat his self-acquired property as that of the joint family property, the property assumes the character of joint family property. The doctrine of throwing into the common stock is a doctrine peculiar to the Mitakshara school of Hindu law. " Once this is the process, we must say that there is sufficient evidence as found by the Tribunal for it. Year after year, the assessee ha....