9911796707
TMI Blog1994 (12) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, on the coming into force of the Hindu Succession Act, 1956, her limited interest turned into an absolute one and she acquired absolute ownership rights under section 14(1) of the said Act. Budhi Devi died in 1960 or thereabouts and her share in the property was inherited by her only son, Baidyanath. Baidyanath and his wife, Godawari Devi, adopted Nand Kumar as their son some time in 1961, Thereafter, on May 3, 1969, Baidyanath executed a registered gift deed in respect of his share in the property which he had inherited from his mother to his adopted son, Nand Kumar, which gift was accepted by the Gift-tax Officer, who recovered gift-tax thereon. In the present appeals, we are concerned with the income-tax assessment years 1972-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leaving the balance 50 per cent. to be assessed as income in the hands of the individual adopted son, Nand Kumar. For the subsequent years also, the Tribunal in separate appeals passed similar orders. The appeals of Nand Kumar were also similarly accepted by the Tribunal. The question came to be referred to the High Court in regard to the order passed by the Tribunal in the appeals referable to the assessment years 1972-73 and 1973-74. Similar orders came to be passed in regard to the subsequent assessment years. So also orders to the same effect were passed in the case of the adopted son, Nand Kumar, in regard to the assessment years 1972-73 to 1975-76. On a reference to the High Court in the case of the Hindu undivided family as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ysical division of the income without a physical division of the property producing the income shall not be deemed to be a partition, or (ii) where the property does not admit of any physical division, then such division as the property admits of, but a mere severance of status shall not be deemed to be a partition. " The expression "partial partition" has been defined in clause (b) as a partition which is partial as regards the persons constituting the Hindu undivided family, or the properties belonging to the Hindu undivided family, or both. In the instant case, admittedly, no inquiry was undertaken on the question whether there had been a total or partial partition of the joint family property and, if yes, the date on which it had taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... divided family continues to be assessable to tax as if there has been no change in the situation for the purposes of the Act. An attempt was made by learned counsel for the appellants to contend that since in the previous orders the Income-tax Officer had held that Baidyanath had become the owner of his mother's share in the property which share was later transferred by gift inter vivos to his adopted son, the Hindu undivided family can only be taxed on 50 per cent. of the interest and no more and the remaining 50 per cent. would have to be reckoned as the income of the adopted son, it was not open to the Revenue to take a somersault and contend otherwise in the subsequent assessment years. Counsel further submitted that in view of the lang ..... X X X X Extracts X X X X X X X X Extracts X X X X
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