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Issues:
1. Recognition of partial partition in Hindu Undivided Family (HUF) with a single coparcener. 2. Validity of partial partition between the assessee and his wife as a family arrangement. Detailed Analysis: 1. The judgment revolves around the recognition of a partial partition in an HUF with a single coparcener, the assessee, and his wife. The Assessing Officer (ITO) initially declined to recognize the partition, arguing that there could be no partition in a family with a single coparcener. The assessee contended that the partition between himself and his wife, recorded in a deed, should be acknowledged. The Appellate Assistant Commissioner (AAC) allowed the claim based on legal precedents emphasizing the power of a coparcener to effect a partition, even if sole, and the validity of family arrangements to maintain harmony within the family. The AAC directed the ITO to accept the partial partition, leading to the department's appeal against this decision. 2. The second issue pertains to the validity of the partial partition between the assessee and his wife as either a valid partition or a family arrangement. The department argued against the validity of the partition, citing decisions from the Madras High Court that emphasized the inability to partition in cases with a single coparcener. However, the assessee's representative supported the AAC's decision, highlighting the unique circumstances of the case and the precedence of decisions favoring the assessee in cases of ambiguity. The Tribunal upheld the AAC's order, considering the facts, legal precedents, and the absence of a clear dispute regarding the partition between the assessee and his wife. The Tribunal found merit in the assessee's argument, supported by legal principles favoring the assessee in cases of ambiguity or conflicting views. In conclusion, the Tribunal dismissed the department's appeals, upholding the AAC's decision to recognize the partial partition in the HUF with a single coparcener and his wife as a valid family arrangement. The judgment underscores the importance of legal principles, precedents, and the unique circumstances of each case in determining the validity of partitions and family arrangements within an HUF.
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