Judgment

SIKRI, J. : This is an appeal by special leave directed against the judgment of the Madras High Court answering a question referred to it by the Appellate Tribunal against the Revenue. The Appellate Tribunal had referred the following three questions :

1. Whether there was material for the Tribunal to reach the conclusion that the various assets in question belonged only to the assessee in his individual capacity till 19th December, 1952 ?

2. If the answer to the first question is in the affirmative, whether the deed, Annexure B aforesaid, amounted to a transfer of assets to the three minor children aforesaid so as to attract the provisions of S. 16(3)(a)(iv) of the Income-tax Act?

3. If the answer to the first question is in the negative, the Income-tax Officer having rejected the claim of partition under S. 25A and the assessee not having independently appealed against such decision, whether the assessee is entitled in law to any modification of the assessment other than the status alone?

Question No. 1 was answered by the High Court in favour of the Revenue; question No. 2 against the Revenue and question No. 3 in favour of the assessee. The respondent, M. K. Stremann, her