Supreme Court of India
Commissioner of Income-tax, Gujarat v. Keshavlal Lallubhai Patel
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What the Court ordered
We hold that. when the joint Hindu family property was parti tioned, there was no transfer of assets within s. 16 ( 3) (a) (iii) and (iv) to the wife or the minor son.
Judgment, page 6
From the headnote
Income Tax Act, 1922 (11of1922)-Self-acquired property thrown int.? 11.UF. Hotchpotch-Thereafter partition effected amongst member•· .U. .-Whether property transferred to wife and minor son amounted toindirect transfers under· s. 16(3) (a) (iiiQ and (iv). Until the assessment year 1952-53, the assessee was assessed as an iruh· vidual. On April 18, 1951, he swore an affidavit to the effect that he was throwing all his self-acquired properties into the common hotchpotch of the Hindu undivided family consi•ting of hi1Melf arul hill two soru;. t one a major and the other a minor. On June 12,
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