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Validity of partial partition claimed by the assessee. Analysis: The judgment involves a case where the High Court of Madras considered the validity of a partial partition claimed by an HUF consisting of the karta, his wife, and two major unmarried sons engaged in money-lending business. The family also had investments in a partnership firm. The assessee claimed partial partition regarding cash payments made to the sons and allocation of family lands to them. The Income Tax Officer (ITO) initially accepted the partial partition claim for a specific amount in a previous assessment year but rejected the claim for subsequent years. The Appellate Authority Commissioner (AAC) also did not accept the partial partition claim. However, the Tribunal ruled in favor of the assessee, stating that a partial partition was valid in this case. The High Court analyzed the concept of partial partition under Hindu law and the Income Tax Act. It noted that partial partition can be in respect of property or persons and is recognized under the law. The court emphasized that there is no requirement for the entire asset to be divided in a partial partition. Referring to a similar case, the court highlighted that even a specific portion of an asset, such as cash, can be subject to partial partition. The court emphasized the importance of definiteness in the amount subject to partition. The court considered the entries in the family's capital account, which indicated payments made "on account of partial partition." It noted that these entries provided intrinsic evidence of a partial partition. The court also acknowledged that the major sons had included the income from the partitioned amounts in their individual returns, supporting the existence of a partial partition agreement. The court rejected the revenue's argument that multiple partial partitions occurred, stating that the total amount debited to the sons was part of a single partial partition in each year. Regarding the allocation of family lands, the court dismissed the argument that the father's exclusion invalidated the partial partition. It clarified that a valid partial partition does not require each member to receive a share in every asset. The court highlighted that the department had previously accepted a partial partition involving one son, indicating the validity of such arrangements. The court concluded that the Tribunal was correct in recognizing the partial partition claimed by the assessee as valid in law, ruling in favor of the assessee and awarding costs. In summary, the judgment delves into the legal principles of partial partition under Hindu law and tax regulations, emphasizing the flexibility in dividing assets and the importance of definiteness in partitioned amounts. It upholds the validity of the partial partition claimed by the assessee, based on the evidence presented and the legal framework governing such arrangements.
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