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TMI Blog1995 (1) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... d ending on Deewali, 1975, on July 1, 1976, showing the status as a Hindu undivided family. The Wealth-tax Officer determined the net wealth and charged the tax which was applicable to the specified Hindu undivided family. In the appeal before the Commissioner of Income-tax (Appeals) it was found that since no reasons have been given in the assessment order, therefore, the matter should be examined again by the Wealth-tax Officer as to why the status of specified Hindu undivided family is taken. The assessee against the order of the Commissioner of Income-tax (Appeals) approached the Income-tax Appellate Tribunal by way of second appeal and contended that the only member of the Hindu undivided family having taxable wealth is the wife of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d it was held that a female can be a member of the Hindu undivided family. In this case Moolji owned the property as a separate property which was gifted by him to his sons Kanji and Sewdas who had no sons. It was further held that the assessment has to be made as an individual till a son is born. In Gowli Buddanna v. CIT [1966] 60 ITR 293, it was held by the apex court that a single male coparcener living with his mother and two sisters can constitute a Hindu undivided family. In this case, the property was ancestral in the hands of the father and after his death devolved by survivorship on the son and he was the only male coparcener. The reduction of the number of coparceners was considered not a relevant factor. In N. V. Narendranath v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elation, which distinguishes the joint family and is of its very essence.....' The appellant's wife became his sapinda on her marriage with him. The daughter too, on her birth, became a sapinda and until she leaves the family by marriage, the tie of sapindaship will bind her to the family of her birth. " Schedule I to the Wealth-tax Act provides the rates of tax and in Part I of the said Schedule, the rates of tax in respect of an individual or a Hindu undivided family have been prescribed. Item 2 of Part I prescribes the rate of tax in respect of a Hindu undivided family which has at least one member whose net wealth is assessable under the Wealth-tax Act. The use of the word "member" in the Schedule to the Wealth-tax Act, in the light ..... X X X X Extracts X X X X X X X X Extracts X X X X
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