( 1 ) IN this petition we are concerned with the vires of the Wealth Tax Act (Act XXVII of 1957) so far as it relates to the levy of wealth tax on Hindu undivided families. The petitioner claims that section 3 of the Wealth Tax Act is ultra vires of the Union Parliament in so far as it authorised the levy of wealth tax on the net wealth of a Hindu undivided family.

( 2 ) BY Section 3 of the Act there is to be charged for every financial year commencing on and from the 1st day of April, 1957, a tax (hereinafter referred to as wealth-tax) in respect of the net wealth on the corresponding valuation date of every individual, Hindu undivided family and company at the rate or rates specified in the Schedule. The petitioners case is that to the extent the Union Parliament has provided for the levy of wealth tax on Hindu undivided families as units the legislation is beyond its power and this contention is supported with reference to the language of entry No. 86 in List 1 of the 7th Schedule to the Constitution of India. That entry is in the following words :- "taxes on the Capital value of the assets, exclusive of the agricultural land, of individuals and companies; tax on the c