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. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)67CTR(AP)4; [1988]170ITR1(AP)
..... its view the matter has to be examined in the context of section 64(2) of the income-tax act, in particular sub-section (2), which reads as follows : '(2) 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 the 31st day of december, 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 ..... commissioner held, while disposing of the wealth-tax appeals, that after partition of the converted properties, section 4(1a)(c) of the wealth-tax act is applicable and in accordance with the provisions contained therein, only the converted property which fell to the share of spouse or minor child can be deemed to be the property of the individual, who converted the property into joint family property initially. ..... is a reference made by the tribunal under section 27(1) of the wealth-tax act, 1957, concerning the wealth-tax assessment years 1976-77 and 1977-78. in r.c. no. ..... consequently, the provisions contained in section 64(2)(c) of the income-tax act and section 4(1a)(c) of the wealth-tax act cannot be applied in order to assess in the hands of the assessee as individual income arising from the converted property allotted to him on partition; likewise, the extent of the converted property allotted to him on partition cannot also be deemed to be the property .....
Tag this Judgment!Court : Kolkata
Reported in : [1974]96ITR661(Cal)
..... in this reference under section 27(1) of the wealth-tax act, 1957, the following question has been referred to this court :' whether, on the facts and in the circumstances of the case, the assessment for the year 1957-58 under the wealth-tax act, 1957, was correctly made on the assessee as a hindu undivided family '2. ..... it was argued that this was long before the wealth-tax act came into operation and on the relevant valuation date as there was no hindu undivided family in existence the assessee was not liable to be assessed to wealth-tax, inasmuch as the assessee had never been assessed to wealth-tax before. ..... the case of the assessee before the wealth-tax officer, however, was that in respect of the instant assessment the hindu undivided family had been disrupted on 31st of january, 1956, when one of themembers of the hindu undivided family, sri vijoy kumar kejriwal had filed a suit for partition in the high court. ..... where the family had never been assessed as a hindu undivided family and a preliminary decree had been passed, section 20 did not authorise assessment of the members of the family as a hindu undivided family after the preliminary decree. ..... it may be that the tribunal was not correct to say that it was not open to an assessee to contend after the award anything contrary but the tribunal is right in considering the entirety of evidence and it appears to us the tribunal has considered the entire evidence available on the question, viz. .....
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 : Orissa
Reported in : AIR1964Ori274; [1964]54ITR430(Orissa)
..... if parliament intended that this new type of hindu joint family should also be recognised as a hindu undivided family when it passed the wealth tax act in 1957 it would surely have made its intention clear by giving separate definition in the appropriate section of that act. ..... when parliament enacted the wealth tax act in 1957, it was fully aware of the interpretation given to the expression 'hindu undivided family' in the income-tax act by the high courts and the privy council. ..... subsequent decisions of high courts endorsing the same view, it must be held that the principle laid down in kalyanji's case air 1927 pc 36 may not apply and that both during jaisingh's life time and after ms death his assets may be held to be joint family property assessable as a hindu undivided family. ..... where a member of an undivided family is a coparcener or not would depend on whether he is entitled to demand partition and that would in its turn, depend on the question whether he has a right in the property of the coparcenery by his birth. ..... though it is not expressly admitted, it may be taken as unchallenged that the properties which jaisingh got by partition were ancestral properties in his hands even though he was the sole coparcener as he had no son. ..... on 18-10-44 the assessee's husband effected partition with his father and was allotted a share of the assets belonging to the family. .....
Tag this Judgment!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. .....
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 : Kolkata
Reported in : [1984]7ITD18(Cal)
..... under the act, section 20 deals with assessment after partition of a huf and it reads 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 of 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 year in which the partition has taken place, if the partition has taken ..... the above concept of partition - total or partial -under the hindu law would normally hold the field for the purpose of the income-tax act, 1961 (the 1961 act) and wealth-tax act, 1957 (the act) unless it has been specifically modified by either of the said acts. .....
Tag this Judgment!Court : Allahabad
Reported in : (1976)5CTR(All)91
..... in the case of the joint family in respect of 1957-58 and 1958-59 assessment years and 1/4th thereof in the hands of each of the four members of the joint hindu family in respect of 1964-65 assessment years onwards, was exempt under section 2(e)(iv) of the wealth-tax act, 1957 ?'2. ..... as respect the appeal of hindu undivided family for the year 1957-58 and 1258-59, the capitalized value of the malikana allowance taken by the wealth tax officer was upheld, and the ..... the original assessment for the year 1957-58 was made on the hindu undivided family of kr. ..... appeals were filed by the hindu undivided family and the various individual before the ..... singh hindu undivided family while those pertaining to years 1964-65, 1965-66, 1966-67, 1967-68, 1968-69 and 1969-70, relate to ..... - the income-tax appellate tribunal, allahabad bench allahabad, has under section 27(1) of the wealth tax act, referred the following question for our opinion :-'whether on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the right to receive the malikana ..... the valuation dates for the hindu undivided family for the two assessment years 1957-58 and 1958-59 are 31st august, 1956 and 31st august, 1957 and in the case of other assessees the 31st march of ..... assistant commissioner reduced the quantum of the capitalized value, and directed that only one and half lacs should be included in the hands of each of the four assessees after the partial partition on 22nd february, 1958. .....
Tag this Judgment!Court : Chennai
Reported in : [1965]56ITR455(Mad)
..... in respect of the shares made over to the wife and the two minor daughters, the hindu undivided family as such had been assessed under the gift-tax act for the assessment year 1958-59, the return for which was filed on march 26, 1959. ..... it may be stated that, in order to effectively put an end to any future assessment of the hindu undivided family, the assessee has to establish, to the satisfaction of the income-tax officer, that the property of the family had been actually divided by metes and bounds among all the members entitled thereto. ..... the income-tax officer, however, thought that, by reason of the absence of any reference in the document of partition to the allotment of certain shares to the wife and the minor daughters and by reason of the further fact that the assessees instructions to transfer the ownership of those shares were made only on february 21, 1958, that is, subsequent to the partition on december 7, 1957, there was a transfer of the property after a declaration of the division in status, and that, therefore, the transfer of these ..... as their lordships of the supreme court have affirmed, the allocation of properties to various members of the family at a partition does not amount to a transfer direct or indirect, so as to attract the application of section 16(3) of the income-tax act.we accordingly answer the question in favour of the assessee. ..... on january 31, 1959, the wealth-tax officer passed an order accepting the return of the assessee. .....
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