9911796707
TMI Blog1987 (5) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... immovable property situated at 86/11, Kalpi Road, Kanpur. The assessee had brought appeals before the AAC against the valuation determined by the WTO. The Valuation Officer was present at the time of hearing of the appeals before the AAC. He gave his working according to which the value came to Rs. 48 per sq. yd. in the month of Dec., 1976. The assessee's representative had agreed to that valuation. However, it was submitted on behalf of the assessee that the said valuation should remain fixed at least for a period of 3 years and the valuation officer had agreed to that proposition. In pursuance of such agreement, the value of the land in question was taken at Rs. 48 per sq. yd. For the asst. yrs 1977-78 and 1979-80, its value came to Rs. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wnership. On the other hand, the ld. Departmental Representative has contended that in an HUF, the principle of joint ownership cannot be applied inasmuch as the entire HUF owns the property and it is the wealth of the HUF which is being assessed. According to him, there is no co-owner in an HUF. He has further pointed out that the assessee had agreed to the rate of Rs. 48 per sq. yd. in the asst. yr. 1977-78 and as such it should have no grievance. 5. We have given our anxious consideration to the rival submissions. It would be appropriate to mention here that any observation by the Valuation Officer in the case of another assessee can be little assistance to the assessee in this case if the principle applied in that case is not in conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. The joint property devolves like joint family property by survivorship. But the male issues of the joint tenants do not acquire any interest in it by birth. Two complete strangers may be joint family property by survivorship. But the male issues of the joint tenants do not acquire any interest in it by birth. Two complete strangers may be joint tenants but in no conceivable circumstance could they constitute a joint Hindu family or hold property as a joint Hindu family The fundamental principle of a joint Hindu family is the tie of sapindaship without which it is impossible to form a joint Hindu family. 7. In view of what has been discussed above, the appeals are without any merit and are, accordingly, dismissed. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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