INCOME TAX OFFICER Vs. VINAY BHARAT RAM
INCOME TAX APPELLATE TRIBUNAL
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S. Narayanan, Accountant Member -
(1.) THIS group of eight appeals concerns the assessments of one individual, viz., Vinay Bharat Ram. The appeals for the assessment years 1971-72 to 1974-75 (both inclusive) are the revenue's appeals. The contention in these appeals is that the AAC erred in deleting the following Items of income from the assessment of the assessee-individual on the ground that the said income belonged to the HUF of which the assessee was a member :
(2.) The remaining four appeals, viz., for the assessment years 1975-76 to 1978-79 are by the assessee. The grievance in these appeals is also common. The objection taken is that the Commissioner (Appeals) erred in upholding the finding of the ITO that the following items of income were rightly assessable in the hands of the assessee-individual for these years and not in the hands of his HUF :
The controversy in all these appeals has its genesis in certain gifts made to his grandsons by Sir Shri Ram, a well-known industrialist of Delhi (1884-1963). It would be helpful to notice his family tree here, to the extent relevant. This is extracted from page 5 of the assessee's paper book filed before us :
(3.) ON 26-12-1944, Sir Shri Ram made the following cash gifts to his six grandsons :
It will be noticed that Siddharth Kumar's name does not figure in the above list. This was because Siddharth Kumar was born (to Charat Ram) on 17-1-1945, that is, about a month after the date of the above cash gifts.;
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