1985 (5) TMI 97 - AT - Income Tax

Summary

Issues: Interpretation of deceased's share in HUF for estate duty assessment.

Analysis:
The judgment involves the interpretation of the deceased's share in a Hindu Undivided Family (HUF) for estate duty assessment. The accountable person contested the order of the Appellate Controller, which considered the entire amount in the hands of the deceased due to the wife's lack of right to partition. The Appellate Tribunal considered various legal precedents cited by both parties, including decisions such as Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum, CED v. Smt. Rani Bahu, and Smt. Ramkunwar Bai v. CED. The Tribunal noted that the deceased in this case was the sole coparcener without leaving any sons or daughters, distinguishing it from the cases cited. The Tribunal also referenced the decision of the Hon'ble Allahabad High Court in Smt. Kalawati Devi's case, emphasizing that on the death of the sole coparcener, the entire property passed. Additionally, the Tribunal mentioned the decision of the Patna High Court in Hanumanmal Periwal v. CWT, supporting the absolute ownership of assets received on partition by a member of an HUF without male issue. Consequently, the Tribunal upheld the order of the Appellate Controller, concluding that the deceased's wife had no share in the joint family property, and the appeal was dismissed.