1978 (1) TMI 41 - HC - Income Tax

Tribunal rules share income as HUF property, not individual, under tax law

The Tribunal concluded that the share income received by the assessee from a partnership firm belonged to the Hindu Undivided Family (HUF) and should be ... Family Hotchpot, Family Property, Female Member, Income Of HUF Issues:Assessment of share income from a partnership firm in individual capacity versus as karta of HUF.Analysis:The judgment pertains to the assessment years 1969-70 and 1970-71, focusing on the share income received by the assessee from a partnership firm after a partition and conversion. The primary dispute revolves around whether the share income should be assessed in the individual capacity of the assessee or as the karta of his Hindu Undivided Family (HUF).For the assessment year 1966-67 and subsequent years, the Income Tax Officer (ITO) assessed the share income in the individual capacity of the assessee, rejecting the claim that it belonged to the HUF. However, for the years 1969-70 and 1970-71, the assessee filed returns both individually and as the karta of his HUF, reflecting the share income differently.The Appellate Assistant Commissioner (AAC) provided conflicting decisions for the two years in question, with one year ruling in favor of the HUF and the other against. Consequently, appeals were filed by both the department and the assessee-HUF to the Tribunal.The Tribunal, after reviewing the evidence and legal stance, concluded that the assessee had unequivocally declared his intention to treat the sum advanced as joint family property, thereby establishing that the HUF was the actual partner in the firm. The Tribunal held that the share income belonged to the HUF and should be assessed in its hands, affirming that the sum contributed was joint family property.The judgment also clarifies that a HUF can be constituted by a family unit comprising a male member, his wife, and daughter for income tax purposes. It further emphasizes that even if there is no initial joint family property, any member can merge their separate property into the joint family, transforming it into joint family property.In light of the established facts and legal principles, the Tribunal's decision to exclude the share income from the individual assessment of the assessee and attribute it to the HUF under his karta was deemed justified. The court ruled in favor of the assessee, affirming that the share income belonged to the HUF and should be taxed accordingly.Therefore, the court answered the referred question affirmatively in favor of the assessee, entitling them to costs and legal fees.