9911796707
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Issues Involved:
1. Taxability of amounts received by Mrs. Sunny Uppal and Mrs. Prabha Uppal upon partition of HUF properties. 2. Applicability of the Supreme Court judgment in CIT vs. Gangadhar Baijnath. Issue-wise Detailed Analysis: 1. Taxability of Amounts Received by Mrs. Sunny Uppal and Mrs. Prabha Uppal upon Partition of HUF Properties The facts of the case reveal that Mrs. Sunny Uppal and Mrs. Prabha Uppal received Rs. 4 lakhs and Rs. 5 lakhs respectively as part of the partition of their respective HUF properties. The Assessing Officer (AO) treated these amounts as revenue receipts, taxable as income. The AO relied on the Supreme Court judgment in CIT vs. Gangadhar Baijnath to support this view. However, the CIT(A) disagreed, holding that the facts of the present cases were distinguishable from Gangadhar Baijnath. In these cases, the amounts were received as part of a total partition of HUF properties, which included movable and immovable assets. The CIT(A) noted that the partition and the subsequent payments were part of a mutual adjustment to ensure fair distribution of the family assets, not a sale of future business rights. The Tribunal upheld the CIT(A)'s decision, emphasizing that the payments were made as part of a total partition to equalize the shares among the family members. The Tribunal stressed that such mutual adjustments during partition do not constitute taxable income. The total partition was recognized and approved under Section 171(3) by the respective AOs, further validating the non-taxability of the amounts received. 2. Applicability of the Supreme Court Judgment in CIT vs. Gangadhar Baijnath The AO relied heavily on the Supreme Court's decision in CIT vs. Gangadhar Baijnath, where compensation received for surrendering partnership rights was deemed taxable as business income. The Tribunal, however, found the facts of Gangadhar Baijnath distinguishable. In Gangadhar Baijnath, the compensation was for the cancellation of a business contract, which was part of the ordinary course of business. In contrast, the present cases involved a partition of HUF properties, where the amounts received were part of a mutual adjustment to ensure fair distribution of assets. The Tribunal noted that the payments were not for the cancellation of any business contract but were made to equalize the shares among the family members during the partition. Thus, the principles of Gangadhar Baijnath did not apply to the facts of the present cases. The Tribunal concluded that the amounts received by Mrs. Sunny Uppal and Mrs. Prabha Uppal were not taxable as income, as they were part of the partition of HUF properties. The appeals by the Revenue were dismissed, affirming the CIT(A)'s decision. Conclusion: In conclusion, the Tribunal held that the amounts received by Mrs. Sunny Uppal and Mrs. Prabha Uppal upon the partition of their respective HUF properties were not taxable as income. The reliance on the Supreme Court judgment in CIT vs. Gangadhar Baijnath was found to be misplaced, as the facts of the present cases were distinguishable. The appeals by the Revenue were dismissed.
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