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1980 Supreme(Del) 6

V.S.DESHPANDE, HARISH CHANDRA
LAL BANSIDHAR AND SONS – Appellant
Versus
COMMISSIONER OF INCOME TAX, DELHI-I – Respondent


Advocates Appeared:
ANUP SHARMA, G.C.Sharma, M.L.VARMA, S.MUKHERJEE

V. N. DESHPANDE, J.

( 1 ) IN this group of references the following three questions have been referred to this court section 256 (1) of the Income-tax Act, 1961 :

"1. Whether on the facts and in the circumstances of the case, the amount of Rs. 2,49,874. 00 received by L. Bansi Dhar from the Insurance Company on account of accident insurance policy covering the risk to the life of his father L. Murli Dhar is correctly treated as the amount of Shri Bansi Dhar in his individual capacity of and not to the H. U. F. of which he is the Karta ? 2. Whether on the facts and in the circumstances of the case the dividend and interest earned in the aforesaid amount of Rs. 2,49,874 is correctly treated as belonging to Shri Bansi Dhar in his individual capacity and not to the Hindu Undivided Family of which he is the Karta ? 3. Whether on the facts and in the circumstances of the case the Tribunal was legally correct in holding that the dividend on 400 shares of M/s. Bharat Ram Charat Ram (P) Ltd. acquired in the name of Sh. Tilak Kumar a minor member of the family on 100 shares acquired in the name of Smt. Urmila Bansi Dhar Karta s wife, could not be included in the income of the assessment Hindu

















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