9911796707
TMI Blog1987 (4) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... UF has been assessed to income-tax since asstt. year 1980-81. On 9th day of January, 1982 a memorandum of partition was drawn on a stamp paper of Rs. 2 between Shri Mani Ram and Smt. Mee Kaur. As per this memorandum, which appears at pages 14 to 18 of the paper book, on that date, the said HUF had properties worth Rs. 5,73,707, which, inter alia, included cash and bank balances amounting to more than Rs. 5 lakhs. The memorandum records that the parties to the memorandum agreed for the division of the HUF properties into separate lots in accordance with their shares for more convenient and exclusive possession and better enjoyment to the divided portions of the property. According to this memorandum, Smt. Mee Kaur agreed to take a sum of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated9th January, 1982Smt. Mee Kaur was shown to have received a sum of Rs. 2,25,000 in cash. On 15th day of March, 1982 she made a declaration of gift on stamp paper of Rs. 2 and recorded therein that a sum of Rs. 1,50,000 was advanced by her to Smt. Ved Wati on 9-1-1982. After making withdrawal of the said amount from her bank account No. 2389 with the Punjab National Bank, Najafgarh village,New Delhiand in consideration of her love and affection towards her only daughter, Smt. Ved Wati the amount of Rs. 1,50,000 is declared to be a gift to the donee. On that very day, a similar declaration was made by Shri Mani Ram for a sum of Rs. 1 lakh. In other words, Smt. Ved Wati received Rs. 2,50,000 as gifts out of the funds which Shri Mani Ram an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the hands of the HUF of which Shri Mani Ram was the karta. Similarly, in the case of Smt. Mee Kaur asstt. was completed. 7. The Gift-tax Officer issued notice on11-2-1985u/s. 16(1) after recording reasons that he had, "reasons to believe that by reason of omission or failure on the part of the donor to disclose fully and truly all material facts necessary for his asstt. taxable gift amounting to Rs. 2,50,000 had escaped asstt.". The section mentioned is 16(1)(b) which apparently is misnomer for section 16(1)(a) of the Gift-tax Act, 1958. The assessee objected to the reopening of this assessment on various grounds, inter alia, including that he was acting merely on a change of opinion. The GTO, however, met these objections and compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nough to concede that the judgment of the Tribunal in ITA Nos. 3243/DEL/86 and C.O. No. 175/DEL/86 dated19th March, 1987has been accepted by the assessee and had become final. By this judgment the Tribunal upheld the order of the ITO refusing to recognize the partition claimed by memorandum dated9th January, 1982. 10. After giving a lot of thought to the issue before us, we find that taking the position of law as laid down by the Full Bench of the Punjab and Haryana High Court in the case of Sat Pat Bansal v. CIT [1986] 162 ITR 582, the matters stand simplified. In this judgment the Hon'ble High Court has laid down that according to Hindu Law, female members of a Hindu undivided family have no share in the joint family property and theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he memo of partition dated9th January, 1982is non est in law and as such could not be given effect to. In this view of the matter, neither Shri Mani Ram nor his wife can be said to have received any amounts on the purported partition of the HUF consisting of Shri Mani Ram and his wife because Shri Mani Ram was the sole surviving coparcener and he could not have done what is aimed to have been done in the memo of partition drawn on 9-1-1982. The amounts sought to be distributed between them, therefore, continued to belong to the HUF of which Shri Mani Ram is the Karta. As such, no gifts could be said to have been made in accordance with law either by Shri Mani Ram or by his wife in their individual capacity because the amounts claimed to hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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