Judgment

SIKRI, J. : This is an appeal on certificate granted by the Gujarat High Court under S. 66A (2) of the Indian Income-tax Act, 1922, hereinafter referred to as the Act, and involves the interpretation of S. 16(3)(a)(iii) and S. 16(3) (a)(iv) of the Act. The facts are not in dispute and it is not necessary to record the findings of the Income-tax Officer and the Assistant Appellate Commissioner. It is sufficient to extract the relevant facts from the order of the Appellate Tribunal.

2. The respondent, Keshavalal Lallubhai Patel, hereinafter referred to as the assessee, was assessed till the assessment year 1952-53 (Accounting year ending March 31, 1952) as an individual. On April 18, 1951, he swore an affidavit before the Deputy Nazir, District Court, Ahmedabad, throwing all his self-acquired properties, mentioned in the affidavit, into the common hotchpotch of the Hindu undivided family, consisting of himself and his two sons. The assessee had a wife and two sons, one a major and the other a minor. However, no entries in the books were passed. On June 12, 1951, an oral partition was effected between the several members of the Hindu undivided family, and consistent with this p