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TMI Blog1997 (12) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said tax cases of even date. We also noticed that there was a claim for partial partition but there was no order recognising the partial partition passed either under section 171 of the Income-tax Act or under order 20 of the Wealth-tax Act. The assessee filed a return in the status of a Hindu undivided family disclosing a net wealth of Rs. 10,64,034 which was later revised and the assessment was completed including certain amounts. This original assessment made by the Wealth-tax Officer was reopened and according to the Wealth-tax Officer a sum of Rs. 4,36,558 was due to the assessee, but the assessee has shown only half thereof in the return filed. According to the assessee, there was a partial partition between the karta of the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealth-tax Act recognising the partial partition, the properties described in the partial partition cannot be assessed in the hands of the joint family. The Tribunal also recorded the finding that from the date of the partial partition, the assessee's family did not own half share in the compensation amount which went out of the family and, therefore, the said amount cannot be included in the hands of the joint family under section 20 of the Wealth-tax Act. Section 20 of the Wealth-tax Act deals with recognition of the claim for total partition of the properties belonging to the Hindu undivided family and section 20 of the Wealth-tax Act reads thus : "(1) Where, at the time of making an assessment, it is brought to the notice of the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acuna found in the Act, that Parliament has introduced section 20A of the Wealth-tax Act by the Finance (No. 2) Act, 1980, with effect from April 1, 1980, which deals with the claims of partial partition of the assets of the Hindu joint family taking place after December 31, 1978. The Karnataka High Court in CWT v. N. A. Mayanna [1991] 191 ITR 535, held that the provisions of section 20 of the Wealth-tax Act have no application to a case dealing with the quantification of the net wealth of the Hindu undivided family on the death of a member of a Hindu undivided family leaving behind other members in the family including female members attracting the provisions of section 6 of the Hindu Succession Act. The decision of the Karnataka High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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