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of <h1>Sole surviving coparcener can dispose of coparcenary property as separate, gifts to family members valid</h1> <h3>Commissioner Of Income-Tax, Bombay City V, Bombay Versus Anil J. Chinai</h3> Commissioner Of Income-Tax, Bombay City V, Bombay Versus Anil J. Chinai - [1984] 148 ITR 3, 42 CTR 6, 17 TAXMANN 181 Issues:1. Whether a sole surviving coparcener can dispose of coparcenary property as if it were his separate propertyRs.2. Whether gifts made by a sole surviving coparcener from Hindu undivided family (HUF) property to family members are validRs.3. Whether capital gains arising from gifts made by a sole surviving coparcener should be taxed in the hands of the assessee or the doneesRs.Analysis:The judgment pertains to an application under section 256(2) of the Income Tax Act, 1961, seeking a reference to the High Court for questions of law. The main issue was whether a sole surviving coparcener had the authority to dispose of coparcenary property as if it were his separate property. The case involved Anil Chinai, the karta of an HUF, who made gifts from the HUF property to his wife and minor daughters. The Income Tax Officer (ITO) initially held the gifts invalid, but the Commissioner (Appeals) and the Income-tax Appellate Tribunal ruled in favor of the assessee, stating that the gifts were valid.The judgment cited legal principles from Mulla's Commentary on Principles of Hindu law and a Division Bench of the Gujarat High Court, emphasizing that a sole surviving coparcener has the right to alienate coparcenary property as if it were his separate property, even without legal necessity or pious purpose. The Supreme Court decision in Surjit Lal Chhabda v. CIT was also referenced, highlighting that non-coparcener family members have no inherent right in the property and cannot restrain the coparcener from alienating it.Ultimately, the court concluded that the questions raised favored the assessee and dismissed the need for a reference to the High Court. The ruling upheld the validity of the gifts made by the sole surviving coparcener and determined that the capital gains arising from the gifts should not be taxed in the hands of the assessee. The judgment was in favor of the assessee, discharging the rule with costs.
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