1986 (8) TMI 92 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of share income from M/s. Mayabhai Associates and M/s. Vimal Corporation from the total income of the assessee.
2. Validity of the partial partition and creation of new HUFs.
3. Applicability of previous judicial decisions to the present case.

Detailed Analysis:

1. Deletion of Share Income:

The Revenue contended that the AAC erred in deleting the share income from M/s. Mayabhai Associates and M/s. Vimal Corporation from the total income of the assessee. The Revenue argued that the AAC should have upheld the ITO's addition to the assessee's total income. The ITO had included the assessee's share of profit from the firms in the total income, rejecting the assessee's claim that the income should be assessed in the hands of newly created HUFs.

2. Validity of Partial Partition and Creation of New HUFs:

The assessee, an HUF, claimed that two new HUFs (HUF No. 2 and HUF No. 3) were created following declarations by two coparceners, Vipin Mayabhai and Pravin Mayabhai, relinquishing their rights in the assessee's share in the firms. The ITO rejected this claim, stating that Hindu Law does not contemplate the existence of multiple Kartas and that the declarations amounted to a partial partition, which is null and void under Section 171(9) of the Act if it occurred after 31st December 1978. The ITO held that the income from the firms continued to belong to the original HUF and included it in the assessee's total income.

3. Applicability of Previous Judicial Decisions:

The assessee relied on several judicial decisions to support their claim, including CIT vs. Dara Seshavataram, CED vs. Babubhai T. Panchal, and CIT vs. Shantikumar Jagabhai. The ITO and the Revenue argued that these cases were distinguishable from the present case. The Tribunal agreed, noting that the facts and circumstances of the cited cases were different from those of the present case. The Tribunal emphasized that the declarations made by the coparceners did not create new HUFs and that the income from the firms remained with the original HUF.

Tribunal's Conclusion:

The Tribunal found considerable force in the Revenue's submissions and agreed that the declarations made by the coparceners did not create new HUFs. The income from the firms continued to belong to the original HUF, and the ITO was correct in including it in the assessee's total income. The Tribunal set aside the order of the AAC and restored the order of the ITO.

Final Judgment:

The appeal by the Revenue was allowed, and the order of the AAC was set aside, restoring the ITO's order. The Tribunal noted that the Revenue's representative had ably distinguished the facts of the present case from those of the cited judicial decisions, reinforcing their conclusion.