RAI BAHADUR LOKENATH PRASAD DHANDHANIA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Commissioner of Income-tax has submitted a statement of the facts which are relevant to the question formulated at page 26 by a Bench of this Court on the 30th of March, 1939. THE question formulated may be conveniently stated here :

(2.) IS the assessee as donee under the deed of gift from Debi Prasad, dated the 13th of May, 1933, entitled to have registration of a firm consisting of himself as the donee of the one part and the joint Hindu family of which he is a Karta of the other part ?

(3.) THE learned Advocate for the assessee has drawn our attention to the decision of their Lordships of the Judicial Committee in P. K. P. S. Pichappa Chettiar and Others v. Chockalingam Pillai and Others where at page 659 Sir Lancelot Sanderson, in delivering the opinion of the Board, approved of the following statements in Maynes Hindu Law (9th Edn.) at page 398 :-