9911796707
TMI Blog714/CBDT.X X X X Extracts X X X X X X X X Extracts X X X X ..... essment in the case of Hindu Undivided Families consisting of a single male coparcener. 2. In a recent case, the advice of Ministry of Law was sought about whether the status of an assessee could be taken as that of H.U.F. when:- (i) the assessee on partition takes a share from the joint property of the erstwhile HUF and has only a wife and no issue as on the valuation date; (ii) the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, it is not predicated of a Hindu undivided family as a taxable entity that it must consist of two or more male members". (b) From this, it follows that if there is one male member and a female member who would be entitled to an interest in the property whether by way of a claim for maintenance and the like, the property if it is ancestral property or has been obtained on partition would bel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oint family property on partition. In one case he is unmarried and in another he is a widower. This is a case where there is only a single member of what can be claimed to be a Hindu undivided family. In this connection, it may be mentioned that in Godwli Buddanna's case (60 ITR.p.293) the Supreme Court expressly left open the question whether a HUF may for the purposes of the IT Act be treated as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... existence of a group, and one individual can hardly be said to constitute a group. Consequently, although the matter is not directly covered by authority, the better view would appear to be that a single individual cannot constitute a HUF. Thus, an unmarried individual or a widower children who takes joint family property on partition would not constitute a HUF. However, it may be possible for an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
