2003 (3) TMI 60 - HC - Income Tax

HUF partition - Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that partial partition dated April 1 1973 was invalid as Smt. Sewti Devi a party to the said partition was on partition neither allocated any share nor otherwise compensated in lien of non-allocation of share? - We are in agreement with the view taken by the learned Tribunal that it was not a valid partition. The reference is therefore answered in the affirmative i.e. in favour of the Department and against the assessee.

Summary

The High Court of Allahabad ruled that a partial partition dated April 1, 1973, was invalid as Smt. Sewti Devi was not allocated any share or compensated. The Tribunal's decision was upheld, favoring the Department over the assessee. (Case citation: 2003 (3) TMI 60 - Allahabad High Court)