Gujarat Court June 1991 Judgments

Commissioner of Income-tax Vs. P.P. Contractor

Court: Gujarat

Reported in: (1991)98CTR(Guj)96; [1991]192ITR261(Guj)

R.C. Mankad, J.1. The Income-tax Appellate Tribunal ('the Tribunal' for short) has referred to us for our opinion the following questions under section 256(1) of the Income-tax Act, 1961 ('the Act' for short) : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in concluding that the deed of assignment dated December 6, 1951, executed by the assessee did not suffer from any infirmity (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that only half of the income from the residuary property of the late Shri Pestanji Contractor could be taxed in the assessment of the assessee for the assessment years. (a) 1970-71 and (b) 1971-72 ?' The facts leading to this reference, briefly stated, are as follows : The assessment years under reference are 1970-71 and 1971-72. The assessee. Pirojshah P. Contractor, since deceased was the son of one Pestanji Contractor. Pestanji Contractor died on August 16, 1941...