Judgment Search Results Home > Cases Phrase: wealth tax act 1957 section 20 assessment after partition of a hindu undivided family Page 1 of about 1,317 results (0.322 seconds)

B.B. Singal (Huf) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1990)32ITD567(Chd.)

..... property producing the income shall not be deemed to be a partition; or (ii) where the property does not admit of a physical division, then such division as the property admits of, but a mere severance of status shall not be deemed to be a partition; (b) 'partial partition' means a partition which is partial as regards the persons constituting the hindu undivided family, or the properties belonging to the hindu undivided family, or both.the legislature in the same finance act also made a provision for assessment after partial partition of a hindu undivided family by inserting section 20a into the wealth-tax act, 1957 with effect from 1-4-1980. ..... 31st day of december, 1978, among the members of a hindu undivided family hitherto assessed as undivided,- (a) such family shall continue to be liable to be assessed under this act as if no such partial partition had taken place; (b) each member or group of members of such family immediately before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this act by the family in respect of any period, whether before or after such partial partition; (c) the several liability of any member or group of members .....

K.R. Sv. Kr. Karuppan Chettiar and Another Vs. Wealth-tax Officer and ...

Court : Chennai

Reported in : [1994]209ITR164(Mad)

..... section 20a of the wealth-tax act provides that if a partial partition takes place after december 31, 1978, among the members of a hindu undivided family, which was assessed till then as undivided, such family shall continue to be liable to be assessed under the act as if no such partial partition had taken ..... that sub-section also, if a partial partition takes place after december 31, 1978, among the members of a hindu undivided family, which was assessed till then as undivided, such family would continue to be liable to be assessed under the act as if no such partial partition had taken place ..... bench said that the section entrenches upon the charging provision in section 4 of the income-tax act and purports to bring to charge the income, which does not belong to the hindu undivided family to be assessed in the hands of the family and, thus, the provision enlarges the scope of sections 4 and 5 of the said act and is, therefore, invalid ..... bench held that the section cannot be upheld on the ground that it is a measure to counteract the tendency to tax avoidance and, consequently, inasmuch as the income which does not belong to the hindu undivided family but in fact and in law belongs to a member of the hindu undivided family, on a partial partition is brought to tax in the hands of the hindu undivided family, the provision in the section necessarily suffers from legislative incompetence ..... these writ petitions, the validity of section 20a of the wealth-tax act, 1957, is challenged. .....

Ramaswamy and Another Vs. Commissioner of Wealth-tax

Court : Chennai

Reported in : [1996]220ITR205(Mad)

..... tatavarthi rajah and satyanarayana murthy : [1983]143itr441(ap) , wherein the andhra pradesh high court held as under (headnote) :'under section 20(1) of the wealth-tax act, 1957, if it is brought to the notice of the wealth-tax officer that a partition has taken place among the members of a hindu undivided family, it is open to the authority to record the same, provided he is satisfied that the partition took place among the various members in definite portions. ..... if after such inquiry, as is referred to in section 20(1), the wealth-tax officer is satisfied that the joint family property has been partitioned as a whole amongst the various members or groups of members in definite portions, he has to record an order to that effect and then he has to proceed to make assessment on the net wealth of the hindu undivided family as provided in that sub-section. ..... (1) where, at the time of making an assessment, it is brought to the notice of the assessing officer that a partition has taken place among the members of a hindu undivided family, and the assessing officer, after inquiry, is satisfied that the joint family property has been partitioned as a whole among the various members or groups of members in definite portions, he shall record an order to that effect and shall make assessments on the net wealth or the undivided family as such for the assessment year or years, including the year relevant to the previous year in which the .....

Shantha Balachander and S.B.S. Vs. First Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

..... section 4(1a) of the wealth-tax act, 1957, reads as follows : (1a) where, in the case of an individual being a member of a hindu undivided family, any property having been the separate property of the individual has, at any time after december 31, 1969, been converted by the individual into property belonging to the family through the act of impressing such separate property with the character of property belonging to the family or throwing it into the common stock of the family or been transferred by the individual, directly or indirectly to the family otherwise than for adequate consideration ..... i have, therefore, no doubt in holding the view that the value of such maintenance for life of his spouse by his son is nothing but a part of the converted property partitioned and, therefore, is a deemed asset includible in the wealth of the assessee and assessable in his hands within the meaning of the provisions of section 4(1a)(c) of the wealth-tax act, 1957. ..... while making the income tax assessment for the assessment year 1978-79, the income-tax officer came to the conclusion that the wife became entitled to the maintenance only as a result of the partition deed and, therefore, that income had to be added to the total income of the assessee under section 64(2)(b) of the income-tax act, 1961. .....

Shri Srilal Bagri Vs. Commissioner of Wealth-tax

Court : Kolkata

Reported in : [1970]77ITR901(Cal)

..... section 20 of the wealth-tax act is as follows :(1) where, at the time of making an assessment, it is brought to the notice of the wealth-tax officer that a partition has taken place among the members of a hindu undivided family, and the wealth-tax officer, after inquiry, is satisfied that the joint family property has been partitioned as a whole among the various members or groups of members in definite portions, he shall record an order to that effect and shall make assessments on the net wealth of the undivided family as such for the assessment year or years, including the year relevant to the previous year ..... the question is directed against the validity of the wealth-tax assessment made on the assessee hindu undivided family for the assessment year 1957-58. ..... the wealth-tax act came into force on 1st april, 1957. ..... the following question under section 27(1) of the wealth-tax act, 1957, has been referred to this court:'whether, on the facts and circumstances of the case, and on a correct interpretation of section 20 of the wealth-tax act, 1957, the assessment to wealth-tax for the assessment year 1957-58 has been validly made on shri srilal bagri as the karta of the hindu undivided family of m/s. ..... the final decree was made on the 26th june, 1957, that is after the relevant valuation date. ..... 322 of 1950, and the final decree was made on 26th march, 1957. .....

Commissioner of Wealth-tax, West Bengal Iii Vs. Smt. Champa Kumari Sin ...

Court : Supreme Court of India

Reported in : AIR1972SC2119; [1972]83ITR720(SC); (1972)1SCC508; [1972]3SCR118

..... whether, the assessee, a jain undivided family, was not a hindu undivided family within the meaning of section 3 of the wealth tax act, 1957, and as such the tribunal was right in setting aside the assessment made on the assessee?2. ..... section 3 is in the following terms:charge of wealth tax-subject to the other provisions contained in this act, there shall be charged for every (assessment year) commencing on and from the first day of april 1957, a tax (hereinafter referred to as wealth tax) in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family and company at the rate or rates specified in the schedule.the only other provision in the act in which the expression 'hindu' undivided family' occurs is section 20. ..... this is an appeal by special leave from the judgment of the calcutta high court arising out of a reference under the wealth tax act 1957 in which the question involved is one of importance, namely, whether a jain undivided family is included in the expression 'hindu undivided family' within section 3 of the act.2. ..... it deals with assessment after partition of a hindu undivided family. ..... it was held that the person who had ceased to be a hindu in religion and had become a christian could not elect to be bound by the hindu law in the matter of succession after the passing of the indian succession act and that a hindu convert to christianity was solely governed by that act. .....

Commissioner of Wealth-tax Vs. Ashok Raje Gaekwad

Court : Gujarat

Reported in : (2004)188CTR(Guj)14; [2004]267ITR54(Guj)

..... the charging provision of section 3, in terms, refers to huf when it lays down that, subject to the other provisions contained in this act, there shall be charged for every assessment year commencing from 1st day of april, 1957, a tax (referred to as wealth-tax) in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family and company at the rate or at the rates specified in schedule-i. ..... the income-tax appellate tribunal, ahmedabad bench 'c' has referred the following question of law for the opinion of this court under the provisions of section 27 of the wealth-tax act, 1957. ..... the assessee is a hindu undivided family and the relevant assessment years were 1979-80 and 1981-82. ..... it was further held that, the huf was not a natural person and, therefore, it was not entitled to claim the benefit of section 7(4) of the act.2.1 the commissioner of wealth-tax (appeals), in the appeal preferred by the assessee held that, the principle of estoppel was not applicable against the provisions of taxation laws and legal claim could be made at any stage even if it was not made ..... provisions are made for assessment in special cases in chapter v of the act, inter alia, as regards the assessment after partition of an huf in section 20 and 20a. .....

Cwt Vs. Ashok Raje Gaekwad

Court : Gujarat

Reported in : [2004]135TAXMAN272(Guj)

..... the charging provision of section 3, in terms, refers to huf when it lays down that, subject to the other provisions contained in this act, there shall be charged for every assessment year commencing from 1-4-1957, a tax referred to as wealth-tax in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family and company at the rate or at the dates specified in sebedulc-1 ..... abichandani, j.the income tax appellate tribunal, ahmedabad bench 'c' has referred the following question of law for the opinion of this court under the provisions of section 27 of the wealth tax act, 1957 :'whether, on the facts and in the circumstances of the case and in law, the tribunal is right in holding that the assessee (huf) despite its being an huf is entitled to benefit of section 7(4) of the act in respect of property known as dhairya prasad ..... the assessee is a hindu undivided family and the relevant assessment years were 1979-80 and 1981 ..... expression 'valuation date' is defined in section 2(q) in relation to any year for which an assessment is to be made under the act, so as to mean the last date of the previous year as defined in section 3 of the income tax act, if an assessment were to be made under that act for that year, subject to what has been mentioned in the proviso to clause (q) of section 2. ..... are made for assessment in special cases in chapter v of the act, inter alia, as regards the assessment after partition of an huf in sections 20 and 20-a. .....

Rameswar Sirkar Vs. Income-tax Officer, a Ward and ors.

Court : Kolkata

Reported in : [1973]88ITR374(Cal)

..... assessment after partition of a hindu undivided family. ..... sub-section (6) of section 171 provides: 'notwithstanding anything contained in this section, if the income-tax officer finds after completion of the assessment of a hindu undivided family that the family has already effected a partition, whether total or partial, the income-tax officer shall proceed to recover the tax from every person who was a member of the family before the partition and every such person shall be jointly and severally liable for the tax on the income so assessed. ' 7. ..... that was a case under section 20 of the wealth-tax act. ..... the partition suit was filed in february, 1957, and in june, 1958, the receiver in the said partition suit handed over the said properties to the petitioner. ..... sarashi bala sirkar, it is stated, filed a partition suit as a result of the said dispute in this court in february, 1957, being partition suit no. ..... disruption is claimed to have taken place after the institution of the partition suit in 1957, that is to say, subsequent to the relevant accounting year for which the proceedings for re-opening have been taken. ..... there is a ring of similarity with the method of service of notice for 1955-56, 1956-57, 1957-58 and 1958-59. ..... 532 of 1957. ..... sirkar & sons, at 89, chowringhee road, calcutta, was started as a proprietary concern by one gour mohan sirkar, who, it is further stated,met with a tragic death as a result of gun shot wounds in the year 1957. .....

Goswami Brijratanlalji Maharaj Vs. Commissioner of Wealth-tax, Gujarat ...

Court : Gujarat

Reported in : [1971]79ITR373(Guj)

..... for the assessment year 1957-58, the assessee had filed a return of income in the status of 'hindu undivided family' under section 3 of the wealth-tax act, 1957; the act was made applicable from assessment year 1957-58. ..... if after such inquiry, as is referred to in section 20(1), the wealth-tax officer is satisfied that the joint family property has been partitioned as a whole amongst the various members or groups of members in definite portions, he has to record an order to than effect and then he has to proceed to make assessment on the net wealth of the hindu undivided family as provided in that sub-section. ..... (1) where, at the time of making an assessment, it is brought to the notice of the wealth-tax officer that a partition has taken place among the members of a hindu undivided family, and the wealth-tax officer, after inquiry, is satisfied that the joint family property has been partitioned as a whole among the various members or groups of members in definite portions he shall record an order to that effect and shall make assessments on the net wealth of the undivided family as such for the assessment year or years, including the year relevant to the previous year in which the ..... assessment after partition of a hindu undivided family. .....