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BOMBAY HIGH COURT
X, J
Ramnath Daga v. Commissioner of Income Tax Bombay City-I
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| 1. referral and assessment proceedings for various years explored. (Para 1 , 2 , 4) |
| 2. court's determination on ownership of assets vs family members. (Para 7 , 14) |
| 3. arguments surrounding character of transactions and ownership rights. (Para 8 , 10 , 11) |
| 4. conclusion on the legitimacy of transactional claims. (Para 12 , 13) |
1. This reference has been made by the Income Tax Appellate Tribunal under S.66(2) of the Indian Income Tax Act, 1922 , on the requisition made by this court on April 24, 1962, in Income Tax Applications Nos. 40, 41, 43, 44, 45, 46 and 47 of 1961. Two questions have been referred by the tribunal. They are :
"(1) Is there any material on record to hold that the properties and assets standing in the name of Shrimati Surajbai belonged to the assessee family ?
(2) Was the Tribunal right in including income that accrued to or arose in the name of Surajbai Daga or that was received by Surajbai Daga in the assessee family's total income ?
2. The assessee in all these cases was the Hindu undivided family represented by Ramnath Daga and the assessments are for the assessment years 1947-48, 1948-49 and 1952-53 to 1956-57. Ramnath Daga was at the material time
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