Mumbai Court July 1969 Judgments

Surjitlal Chhabda Vs. Commissioner of Income-tax, Bombay City-i

Court: Mumbai

Reported in: [1970]75ITR458(Bom)

Kotval, C.J. 1. The question referred for our decision is : 'Whether, on the facts and in the circumstances of the case, the income from property known as 'Kathoke Lodge' was to be assessed separately as the income of the Hindu undivided family of which the assessee was the Karta ?' 2. The question arises upon the following facts : Surjitlal Chhabda, the assessee, has three sources of income. He has a share in the profits of the two firms, Messrs. Silver Screen Enterprises, Amritsar and Messrs. L. M. Chhabda & Sons, Ahemedabad. Some interest accrues to him from banks and he has the income from the property known as 'Kathoke Lodge', which is now the subject-matter of the reference. We are concerned in this reference with the assessment years 1957-58, 1958-59 and 1959-60 corresponding to the account years ending December 31, 1956, December 31, 1957 and December 31, 1958. Till the present dispute arose in the assessment year 1957-58 and the subsequent years the assessee was always assesse...