JUDGMENT

K. C. Agrawal, J. - Smt. Laxmi Nigam, the respondent in this appeal (hereinafter referred to as "the assessee") is the wife of Sri C. M. Nigam, I.A.S. They had three minor children in the relevant assessment year 1964-65 of which the relevant previous year is the financial year ending on 31-3-1964. Out of these children two were sons whereas the third one was a daughter. They were Aditya Mohan Nigam, aged about 13 years, Km. Priti Nigam and Arvind Kumar Nigam aged about 3 years & 4 months. In the assessment proceedings of the year 1964-65 Smt. Laxmi Devi Nigam claimed that out of love and affection she gifted on 21-3-1963 the half portion of her house Kiran Kunj, Gokhale Marg, Lucknow to her minor sons. Sri Aditya Mohan Nigam and Sri Arvind Mohan Nigam, and therefore, her income from the property was only half and that alone was includible in her income. The Income Tax Officer did not accept the case of the assessee and held that income from the property transferred by the assessee in favour of her sons, was liable to be included in her income u/s 64 of the Income Tax Act, 1961. On this view, the Income Tax Officer assessed the income of the whole house mentioned above in h