Law:

Section:

Section 4 of the Income-tax Act, 1961 - Hindu Undivided Family - Assessable as HUF - Assessment year 1963-64 - Whether if a Hindu female, who is a member of an undivided family, impresses her absolute, exclusive property with character of joint family property, she creates new claimants to her property to exclusion of herself because, not being a coparcener, she has no right to demand a share in joint family property by asking for a partition - Held, yes - Whether expression 'blending' is inapposite in case of a Hindu female who puts her separate property, be it her absolute property or limited estate, in joint family stock and, therefore, a female member of joint family cannot blend her separate property, even if she is an absolute owner thereof, with joint family property - Held, yes - Whether if there has been no such blending then transaction of throwing self acquired property by a female in joint family property will amount to gift in favour of undivided family - Held, yes FACTS The appellant was a member of a joint Hindu family consisting of herself, her husband, her father-in-law, her mother-in-law, her minor son and three daughters. The appellant, in her individual capacity and with the aid of her personal assets, entered into a partnership with her father-in-law, her minor son, was admitted to the benefits of that partnership. The firm owned two cinema houses: Nishat Talkies, and Novelty Talkies. Separate accounts were maintained in respect of the two businesses and separate profit and loss accounts used to be drawn up. On 1-9-1961, the appellant made a sworn declaration stating that she was the sole and absolute owner of the amounts standing to her credit in the books of Nishat Talkies and of her share in that business and declaring unequivocally her intention to treat both her capital and her share in the business of Nishat Talkies as the joint family property of the HUF of which she was a member. The appellant stated that she had abandoned for ever her separate interest and ownership over the capital investment her one-third share in the net profits and one-half share in the net losses in the business of Nishat Talkies, in favour of the joint Hindu…

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