9911796707
TMI Blog1987 (7) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... on tobacco business. He exported tobacco to foreign countries, in consideration whereof some import entitlements were granted to him. Sri Gattupalli died on August 31, 1971. He left behind a will under which he bequeathed all his movable and immovable properties to his wife and four minor sons to be enjoyed by them equally. Till his death he was being assessed in the status of an individual. Soon after his death, i.e., in the next month, a deed of partition was executed, whereunder the widow divided all the movable and immovable properties left by her deceased husband into five shares, between herself and her four minor sons. The partition deed is dated September 15, 1971. One of the items shown in the partition deed as having been divided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the properties left behind by Sri A. Gattupalli and that this property along with other properties left by the deceased was partitioned between the mother and four sons under a deed of partition. It also held that no business was carried on as such by the said body of individuals. The Tribunal referred to the fact that the Government rejected the request of Mrs. Gattupalli for issuance of separate entitlements in the names of herself and her four sons, but held that the said rejection by the Government has no relevance to the question of status. It held that, inasmuch as the deed of partition clearly stated that each of the co-owners was entitled to a 1/5th share in the quota rights left behind by the deceased, the income arising by expl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ements and derived some income. This by itself cannot be called carrying on a business. Unless they carry on business together, they cannot be assessed as a body of individuals. We are unable to agree with learned standing counsel for the Revenue that merely because they sold these import entitlements which they inherited from the deceased and divided the income arising therefrom, they must be deemed or must be held to have carried on the business. We find it difficult to agree that mere sale of these entitlements constitutes a business or constituted the business of the alleged body of individuals. Once we hold that no business was carried on by the wife and four minor sons of the deceased, it follows that they cannot be taxed as a body of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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