Judgment

JAGANNADHADAS J. : This is an appeal under section 66A of the Indian Income-tax Act from the judgment of the High Court of Bombay given on a reference to it by the Income-tax Applies Tribunal under section 66 of the Act.

2. The proceedings relate to the four assessment year, 1942-43, 1943-44, 1944-45, and 1945-46,and arise under the following circumstances:

There was a Hindu undivided family consisting of one (1) Ramjibhai (2) his son, Ratilal Nathalal --- the respondent before us, (3) Ramjibhai s wife, Kamlawanti, (4) Ratilal s wife, Kantabai and (5) Ramjibhai s unmarried daughter, Pushpa, on the 27th July, 1933, Ramjibhai and Ratilal, who were the sole coparceners, at the time, of the said Hindu undivided family, executed a trust deed is respect of four items of house property belonging to the joint family, which owned at the time and constituted to own other properties also.

The effect of the trust deed was that the income of the property settled on trust was to be enjoyed by Ramjibhai during his lifetime, and that after his death, the said income was to be enjoyed by the respondent, Ratilal, alone with a right of residence provided in favour of his mother, Kamlawanti in pa