9911796707
TMI Blog1988 (11) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... ad been passed by the ITO on 2nd March, 1982 and that the family was, after the death of the deceased, fully partitioned and an order recording full partition was also passed under s. 171 on 10th March, 1987. Copies of the orders of Wealth-tax assessing the family as such for asst. yrs. 1972-73, 1973-74 and 1974-75 are at pages 17 18, for asst. yrs. 1970-71 and 1971-72 are at pages 19 20, for asst. yr. 1969-70 is at page 21 and for asst. yr. 1968-69 is at pages 23 to 25. The said orders have all been passed in March, 1985, except for asst. yr. 1968-69 which was passed on 29th Jan., 1986. Income-tax assessment for 1969-70 was also passed in the status of HUF (previous year being financial year 1968-69) and the date of the order is dt. 2n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid order of the ACED that the present appeal has been filed by the accountable person before us. 6. After taking into account the facts as stated above, we are of the opinion that the claim of the accountable person that the deceased was the Karta of the family is well founded and has been accepted by the IT Department, after 1980 and even partition orders under s. 171 have been passed recognising the partial partition and later the full partition of the family assets. All these orders subsequent to that passed for asst. yr. 1977-78 were before the Asst. CED. Unfortunately he has not taken note of them nor has he shown as to how the said orders which had otherwise become final were erroneous and could be disturbed by him while d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the deceased but that is not the same thing as holding that the deceased was the owner of the property and so the entire property passed on his death. 7. The second controversy raised in the appeal is with regard to the valuation of the agricultural land adopted by the Asst. CED at Rs. 4,000 per acre and upheld by the ACED. While adopting the rate at Rs. 4,000 per acre, the observations of the Asst. CED were, inter alia, as below: "The deceased owned inasmuch as 56.82 acres of agricultural land in as many as 21 villages. The value of which has been shown at Rs. 1,21,100 which is very law. In that area, the land is very much fertile because of irrigation facilities and it yields two crops. Therefore, the value of the agricultural land ..... X X X X Extracts X X X X X X X X Extracts X X X X
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