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JUDGMENT Divan, CJ.-In this reference made at the instance of the revenue, the following question has been referred to us for our opinion: "Whether the Income-tax Appellate Tribunal was right in law in holding that half share of the income in respect of the estate of late Shri Balabhai Damodardas was not taxable in the hands of the assessee when the estate was being administered by Shri Sakarlal Balabhai, having regard to the provisions of section 168 of the Income-tax Act, 1961?" We are concerned in this the case with assessment years 1963-64 to 1967-68, the relevant accounting years being the previous samvat years. The assessee is an individual. The assessee's grandfather, Balabhai Damodardas, had made a will on October 6, 1956, leaving one-half of his estate to the assessee and the other half to the assessee's brother, Nandkishore. Balabhai Damodardas died on December 31, 1957. Balabhai was possessed of considerable movable properties acquired by him personally and held by him in his individual capacity. Moreover, he had one-half share in the coparcenary properties and the remaining half share belonged to Sakarlal. Under the will of Balabhai it was provided that after discharging all debts, liabilities and obligations and after meeting the expenses of illness, obsequial ceremonies and disbursing charities out of his self-acquired properties, the said properties as also his right, title and interest in the coparcenary properties would on his death devolve upon the two grandsons of Balabhai, namely, the assessee and his brother, Nandkishore, and in accordance with the terms of the will the deceased and his brother were to become entitled to use and enjoy the same No person was named in the will as the administrator or executor of the will and according to the provisions of the will the legatees themselves were to take possession of the properties of the testator on his death. For the four assessment years under consideration and even in the earlier years Sakarlal Balabhai describing himself as the legal representative of Balabhai Damodardas furnished returns in respect of the income of the estate of Balabhai Damodardas and filed the returns as the legal…

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