1982 (6) TMI 151 - AT - Wealth-tax

Summary

Issues:
Claim to exclude certain properties from the net wealth of the assessee-HUF based on testamentary succession and character of joint family properties.

Analysis:
The appeals by the assessee revolve around the claim to exclude specific properties from the net wealth of the assessee-HUF, contending that these properties should be treated as individual properties due to testamentary succession. The assessee, an HUF with T.S. Jambulingam as Karta, received a 1/3rd share of properties through a will made by T.S. Sivasubramaniam Chettiar. The WTO and AAC had differing views on whether these properties could be considered individual properties of Jambulingam or part of the HUF's net wealth. The ITAT, after considering the arguments, highlighted that Sivasubramainam Chettiar had the absolute right to dispose of the properties received under partition and will, emphasizing that properties acquired after partition were his absolute properties. Referring to legal precedent, the ITAT clarified that properties received through testamentary succession with absolute ownership rights cannot be automatically deemed joint family properties merely because they were ancestral at some point.

The revenue raised a concern that even if the properties were individual assets of Jambulingam, he might have converted them into joint family properties through declaration or conduct, impacting their assessment as part of the HUF's net wealth. However, the ITAT noted a lack of evidence regarding any such conversion, as the properties were not clearly identified by the WTO. Additionally, the ongoing partition proceedings between Jambulingam and his sons further complicated the issue. Given the factual nature of determining whether Jambulingam converted the properties into joint family assets, the ITAT decided to set aside the previous orders and remand the matter to the WTO for fresh consideration, emphasizing the need for relevant evidence to make a conclusive decision. Consequently, the appeals were treated as allowed for statistical purposes only, pending further examination and evidence gathering by the tax authorities.