Judgment

HEGDE, J. : This appeal by certificate arises from the judgment of the Andhra Pradesh High Court rendered in its advisory jurisdiction on a case stated by the Income-tax Appellate Tribunal, Hyderabad Bench under Section 26 (1) of the Gift-tax Act, 1958 (to be hereinafter referred to as the Act ). The question referred for the opinion of the High Court was :

"Whether the declaration by which the assessee has impressed the character of joint Hindu family property on the self-acquired properties owned by him amounts to a transfer so as to attract the provisions of the Gift-tax Act."

2. The High Court following its earlier decision in Commr. of Gift-tax v. C. Satyanarayanamurthy (1965) 56 ITR 353 = (AIR 1965 Andh Pra 95); answered that question in the affirmative.

3. The material facts as could be gathered from the statement of the case submitted to the High Court are as follows :

4. The assessee is the karta of his joint family. The assessment year with which we are concerned in this case is 1959-60, for which the "previous year" is the year commencing on 23-10-1957 and ending on 10-11-1958. The assessee owned movable and immovable properties which were his self acquisitions. By