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Issues:
1. Assessment of share income in a Hindu undivided family. 2. Recognition and impact of partial partition on share income assessment. Analysis: 1. The case involved the assessment of share income in a Hindu undivided family for the assessment years 1981-82 and 1982-85. The dispute arose regarding whether only 50% of the share income from the firm should be assessed as the income of the assessee-Hindu undivided family. The Income-tax Officer initially assessed the entire share income in the hands of the family, arguing that only the balance in the books of the firm was partitioned, not the share of interest in the firm. However, the Appellate Assistant Commissioner and the Appellate Tribunal allowed the assessee's claim, holding that only 50% of the share income should be assessed in the hands of the joint family. The Revenue challenged this decision, leading to the two questions of law being referred to the High Court for consideration. 2. The second issue revolved around the recognition and impact of a partial partition on the assessment of share income. The Income-tax Officer had recognized the partial partition by passing an order under section 171 of the Income-tax Act, which was not set aside by any higher authority. The High Court emphasized that as long as the order recognizing the partial partition was in effect, the Income-tax Officer could not ignore it and levy tax on the entire share income in the hands of the Hindu undivided family. The court held that the order signified a partial partition in the assets of the firm, and as long as it remained valid, the attempt to tax the entire share income was not legally sustainable. The court found no fault in the Appellate Tribunal's decision to assess only 50% of the share income in the hands of the assessee, aligning with a previous judgment on a similar matter. In conclusion, the High Court upheld the decision of the Appellate Tribunal, ruling in favor of the assessee on both issues. The court affirmed that as long as the order recognizing the partial partition remained valid, only 50% of the share income from the firm should be assessed in the hands of the Hindu undivided family. The judgment highlighted the significance of respecting legally recognized partitions in determining the tax liability of Hindu undivided families.
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