9911796707
TMI Blog1982 (1) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... plywood besides money lending. The HUF consists of Sudarsana Swamy who is the Karta of the family, his wife Smt. Komali and his two minor daughters Lakshmi and Kum. Radha. It is therefore seen that there is only one coparcener in the family. There was a partial partition first of all effected on 17th May, 1975 wherein property of the value of Rs. 20,000 was the subject matter of partition. There w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITO. However, he directed the ITO to consider the alternative claim of the assessee that the memorandum could be treated as a family arrangement or settlement. 3. It is against the aforesaid order of the Commr. dt. 18th Dec., 1980 that the present appeal is filed by the assessee. Mr. Swamy contended that so far as the claim for partition is concerned in a case where there is only one male membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yana on the one side and the Madras High Court on the other as to whether there can be a partition in a case where there is only one male member in the family. But it is not necessary for us to say one way or other as the facts of the case clearly fit in with the theory of family arrangement or family settlement as enunciated by the Punjab Haryana High Court. Their Lordships of Punjab and Haryan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supportable on the basis of a family arrangement. Applying the above tests there is no doubt that in this case also the partial partition can be treated as a family arrangement and as such valid. There is no other infirmity pointed out as regards the arrangement by which the property was divided. It is not stated by the Commr. that the arrangement is not bonafide or fair. Thus we hold that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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