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The assessee is the karta of his joint family. The
assessment year with which we are concerned in this case is
1959-60, for which the "previous year" is the year
commencing on 23-10-1957 and ,ending on 10- 11- 1958. The
assessee owned movable and immovable properties which were
his self acquisitions. By a deed dated December 9, 1957, he
threw into the common stock his houses bearing Nos.
6658-5-9- and 2731 situate at Imamba vidi, Secunderabad and
a cash deposit of Rs. 1,50,000 in the firm of M/s. Goli
Eswariah, Paper Merchants, Secunderabad. In the books of
account of the firm, necessary entries were made
transferring the amount to the account a the family. The
Gift-tax Officer treated that portion of the value of the
properties so blended in which the assessee ceased to have a
right on partition of the family as having been gifted by
him to the family. He rejected the contention of the
assessee that his act of throwing his self acquired
properties into the common stock did not amount to a gift
under the Act. In appeal, the Appellate Assistant
Commissioner took the view that since the deed in question
was not registered, there was no transfer of the immovable
properties to the family and as such there was no gift of
the two houses mentioned earlier but with regard to the sum
of Rs. 1,50,000, he considered it as a gift and accordingly
held that 3/4th of it was liable to be taxed under
(1) 56 I.RT.R. 353.