1981 (6) TMI 11

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..... been mooted are very few. The assessee is charged to tax both under the I.T. Act and under the W.T. Act in the status of an HUF. The karta of the family is one Raman. The family consists of the karta, his wife and three daughters. There is no male issue. There is no other male coparcener in the family. It was claimed before the Department that on March 28, 1974, there was partial partition in the family. It was said to be limited to a portion of the family properties. The family estate included, among other properties, 4,040 equity shares in a company called Engine Valves Ltd. The said shares were said to have been allotted under the partition to Raman, the karta, while the rest of the properties continued to remain joint family properties. .....

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..... all the rest being females. From this position, learned counsel proceeds to argue that the karta of a joint family who is also the father in the family has every right to bring about a partition, either of the whole or of part of the family properties. It was accordingly urged that there was nothing invalid about a partition which takes the form of the karta allotting to himself some family properties. The position argued for cannot be accepted even under the most ultra-modern doctrine of Mitakshara joint family. The family in this case is joint or undivided, only in a manner of speaking. There is a solitary male member who is the head or karta of the family. No other coparcener exists in the family entitled to any share in any partition .....

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..... parcener. With this direct decision which concludes the matter in this case, we do not see our way to direct the Tribunal to state a case on this question. The second question mooted by the assessee reflects an idea which, if anything is more artificial than that of a partial partition. Even the record does not favour such an idea. There is the solemn affidavit sworn to by the assessee before a notary public that there has been a partition and allotment of the shares. That affidavit must rule out any idea of gift of the said shares. It takes two to make a gift, a donor and a donee. Besides, a gift must involve, always, a transfer of the thing gifted. Before the transfer the donee will be nowhere in the picture. He will become the owner of .....

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