Court : Rajasthan
Reported in : 1993WLN(UC)391
..... the status of individual and hindu undivided family were considered as separate units and, therefore, it was held that without issuing fresh notices under section 14(2) to file the returns, the wealth-tax officer exceeded his jurisdiction under section 16 of the act in framing the assessment in the status of individual on the returns which were filed in the status of hindu undivided family. 5. ..... it was observed that the position that emerges after a comparative study of the provisions of the income-tax act, 1961, and the indian income-tax act, 1922, and also of the wealth-tax act is that in the income-tax act, 1961, the income-tax officer can assess a person in a status other than the one in which the assessee had filed his or its returns and if the assessee is aggrieved by the assessment, in that status he can file an appeal against the order challenging his or its status. ..... prithviraj singh was minor and other members not being coparceners were not entitled to claim partition and as such there could be no hindu undivided family in existence in accordance with k.r. ..... , from the inception of income-tax law in rajasthan and 1957-58, i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1997]225ITR142(Raj); 1996(3)WLC373; 1996(1)WLN36
..... section 20 of the wealth-tax act, which deals with the assessment after partition of a hindu undivided family states :' section ..... assessment after partition of a hindu undivided family ..... -- (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 assessment on the net wealth of the undivided family as such for the assessment year or years, including the year relevant to the previous ..... the assessee thereafter moved an application under section 27(1) of the wealth-tax act, 1957 (for short, 'the act'), for referring five questions of law, mentioned in the application, for the opinion of ..... question which came up for consideration before the karnataka high court was : whether a partial partition among the members of the hindu undivided family in so far as the three estates are concerned, can be recognised under section 20 of the act the division bench of the karnataka high court held that 'section 20 of the wealth-tax act, 1957, dealing with the partition in hindu undivided family applies to a case where 'the joint family property has been partitioned as a whole among the various members or groups of members in definite portions'. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)56CTR(Raj)331; [1987]164ITR178(Raj); 1987(1)WLN39
..... in this reference made by the income-tax appellate tribunal, jaipur bench, jaipur (hereinafter referred to as 'thetribunal'), under section 27 of the wealth-tax act, 1957 (hereinafterreferred to as 'the act'), the following question has been referred forthe opinion of this court: 'whether, on the facts and in the circumstances of these cases, the tribunal was right in holding that action under section 17(1)(a) was validly initiated by the wealth-tax officer in respect of assessment years 1964-65 to 1967-68 and that reassessment ..... of jabharmal, the karta of the hindu undivided family, she must have passed on the necessary information about the silver bars to her son and that since the assessee is assessed in the status of a hindu undivided family and smt. ..... the case and of the ordinary human conduct would justify the inference that budhmal should have told his wife, if not at the time of partition but at the time of his death, that apart from the wealth of the family which was above the ground and within her knowledge, silver weighing about 430 legs, which had been buried in 1930 in the said haveli ..... in the income-tax act, 1961, there is a further requirement that the income-tax officer, before issuing a notice for reassessment, shall record his reasons for doing so and in cases where the notice is issued after the expiry of 4 years from the end of the relevant assessment year the commissioner must also be satisfied on the reasons recorded by the income-tax officer that it is a .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)44CTR(Raj)168; [1986]157ITR193(Raj)
..... 1,54,296 which was transferred by the assesse to his wife and two sons under section 4(6) of the wealth-tax act, 1957 (herein-after called 'the act'). ..... it was also held in the aforesaid case that the compensation awarded on the resumption of the jagir to the ex-jagirdar or the market price of the compensation on the date of valuation could be assessed for wealth-tax purposes only as that of a hindu undivided family because the character of the compensation received in lieu of jagir could not be different from that of the jagir itself. ..... on a further appeal preferred by the assessee before the income-tax appellate tribunal, jaipur bench, jaipur (hereinafter called 'the tribunal'), it was held by the accountant member that there was no material on the record to support the claim of the assessee that the impartible estate in respect of which the assessee was assessed as an individual, really belonged to a hindu undivided family, of which the assessee was the karta. ..... the character of impartibility was lost and the assets transferred to the wife and sons of the assessee as a result of the aforesaid partition, not only ceased to be part of the impartible estatebut they also ceased to be even part of the hindu undivided family property. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]163ITR72(Raj); 1984()WLN339
..... (for short, 'the tribunal' herein), has referred the following question for the opinion of this court:'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that the assessee was entitled to exemption under section 5(1)(iv) of the wealth-tax act, 1957, in respect of the value of his 1/4th share in the house property thrown by him into the common hotchpotch of hindu undivided family which was includible in his net wealth under section 4(1a) of the act?'2. ..... the net wealth of the individual under this act for any assessment year commencing on or after the 1st day of april, 1972,-- (a) the individual shall be deemed to have transferred the converted property, through the family, to the members of the family for being held by them jointly; (b) the converted property or any part thereof shall be deemed to be assets belonging to the individual and not to the family; (c) where the converted property has been the subject-matter of a partition (whether partial .....
Tag this Judgment!Court : Rajasthan
Reported in : [1975]99ITR354(Raj); 1973()WLN14
..... . the compensation awarded to him or the market price of the compensation on the date of valuation could be assessed for wealth-tax purposes only as that of hindu undivided family ..... dewan bahadur dewan krishna kishore [1941] 9 itr 695 and it was argued that the impartible estate is owned by the joint family and the income from the estate was assessable in the hands of the hindu undivided family. ..... the wealth-tax act, 1957 (act no. ..... . after the resumption of jagir the garh had been held to be the private property of the assessee under section 23 of the act but it continued to remain the property belonging to the hindu undivided family ..... . we are not at all impressed by the submission that the fiction can be made applicable in assessing wealth-tax in the years 1957-58 and 1958-59 ..... the matter relates to the wealth-tax assessment years 1957-58 and 1958-59. ..... the assessment for the year 1957-58 was thus madeby the wealth-tax officer on 28th february, 1962. ..... the transaction did not involveany transfer creating any liability for gift-tax as it was a case of partition among the members of the hindu undivided family. ..... . there was no corresponding provision in the wealth-tax act of 1957 in the relevant assessment years ..... xxvii of 1957), came into force on the first day of april, 1957. ..... the valuation dates for each year are september 30, 1956, and september 30, 1957, respectively. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1991]192ITR680(Raj)
..... , it was held that, if the wealth-taxofficer was of the opinion that the assessee held the properties not in the status of an individual but as karta of the hindu undivided family, he should have issued notices under section 14(2) or 17 of the act to the hindu undivided family and completed the assessments after including the immovable properties which were sub-divided amongst the four members of the family but, instead of doing so, the wealth-tax officer completed the assessments on the assessee in the status of a hindu undivided family as against individual shown by him in the ..... returns for 11 years were filed in the status of an individual showing the wealth received on partition of the hindu undivided family and also individual wealth. ..... it was held that this indicates that the wealth-tax officer has technically accepted that there had been a partition of immovable properties in the family on may 31, 1963. ..... the wealth-tax officer framed the assessment on march 31, 1979, as hindu undivided family, as the status up to 1963-64 was in this capacity and the claim of partition was neither made nor accepted. ..... these eleven reference applications have been filed under section27(3) of the wealth-tax act, 1957 (hereinafter referred to as 'the act'),as the petitioner's application under section 27(1) of the act was rejected.as these reference applications pertain to the same assessee but for differentassessment years, all are being disposed by this common order. 2. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1984]147ITR473(Raj)
..... under section 3 of the expenditure tax act, 1957, expenditure tax could be charged in respect of the expenditure incurred by any individual or huf in the previous year referable to the assessment year ..... 205): ' it seems to their lordships that in the debate before the board the difference between a complete 'partition' in a joint undivided hindu family and a partial division of interest in respect of some specific property or part of the joint properties has been ..... after a complete partition has been effected among the members of the joint hindu family, each former member would be entitled to a definite and certain share of the joint property, although the property itself has not been actually ..... hand, there was the judgment of the calcutta high court in a matter relating to registration of the firm, baldeodass rameshwar : [1950]18itr653(cal) wherein it was held that after the consent decree for partition was passed in the year 1943, the joint family ceased to exist. ..... appearing for the revenue suggested that merely a partial partition was effected between the parties on account of the consent decree of 1944 and he sought to re-enforce his sumission by the fact that even after the partition was effected, the 12 annas share in m/s ..... was held jointly by the erstwhile members of the joint hindu family, yet after the dissolution of the joint hindu family, they held the said 12 annas share as tenants-in-common, and each one of them was entitled separately to l/6th out of the said 12 annas .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]165ITR705(Raj)
..... the wealth-tax officer, after the assessments of the assessee in respect of the assessment years 1971-72 to 1975-76 were completed, initiated reassessment proceedings under section 17(1)(a) of the wealth-tax act, 1957, by issuing notices dated march 15, 1978. ..... july 24, 1980 :' whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the finding of the appellate assistant commissioner that initiation of proceedings under section 17 of the wealth-tax act, 1957, is bad in law 'as regards the addition of the value of the mardana mahal, it was submitted on behalf of the assessee that an oral family settlement had taken place on october 24, 1968, by which a portion of the mardana mahal was allocated to the assessee's mother, smt. ..... document could give rise to an honest family settlement between the assessee and his mother or that the transaction could not be accepted in view of the fact that the document dated october 28, 1969, was not registered, was the subject-matter of consideration by the wealth-tax officer at the time of the original assessment and it is undoubtedly a change of opinion by the wealth-tax officer, when subsequently at the time of reassessment he held that the oral partition which was followed by a document .....
Tag this Judgment!Court : Rajasthan
Reported in : [1987]164ITR237(Raj)
..... section 27(1) of the wealth-tax act before the income-tax appellate tribunal requesting the tribunal to refer the following question arising out of its order dated february 16, 1981, to this court for its opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessment has not been validly reopened and in setting aside the order of the appellate assistant commissioner and cancelling the assessment made under section 17 of the wealth-tax act, 1957 ..... for the department submitted before us that the decisions of the calcutta and rajasthan high courts referred to by the appellate tribunal related to the question as to whether a reference could be made under section 16a(1) of the wealth-tax act after the assessments were completed and it was held that such a reference after the completion of the assessments was without jurisdiction and that the assessments made in such cases could not be reopened under section 17 on the basis of the report of the valuation officer. ..... after the report of the valuation officer was received, the wealth-tax officer issued notices to naushir marfatia under section 17(1) of the wealth-tax act on the ground that he has reason to believe that on account of the failure on the part of such person to make a return of wealth under section 14 of the wealth-tax act of his net wealth, the net wealth chargeable to tax under the act had escaped assessment for the years 1973-74, 1974-75, 1975-76 and 1976-77 .....
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