1984 (7) TMI 118 - AT - Income Tax

Inherited property from father deemed individual, not HUF, for income assessment.

The Tribunal held that the property inherited by the assessee from his father should be considered his individual property for income assessment purposes, ... Individual Assessments Issues:1. Whether the property inherited by the assessee from his father should be considered as belonging to the Hindu Undivided Family (HUF) or to the individual assessee for the purpose of income assessment.Analysis:Issue 1: Property Characterization - HUF or Individual OwnershipThe primary issue in this case revolved around the characterization of the property inherited by the assessee from his father. The Income Tax Officer (ITO) had included the income derived from the inherited property in the total income of the assessee assessed as an individual, considering him the absolute owner. The assessee contended that the property belonged to the HUF of which he was the karta, and thus, should not be included in his individual income.The Commissioner (Appeals) upheld the decision of the ITO, citing the decision of the Calcutta High Court in Malchand Thirani & Sons, which held similar inherited properties as individual property. The assessee further appealed, arguing that the property should be treated as HUF property based on Hindu law principles. The representative for the assessee referred to various court decisions supporting the view that inherited property should be considered joint family property.The department's representative supported the Commissioner's decision, relying on precedents and emphasizing that the property inherited by the assessee should be considered individual property. The Tribunal, after considering the arguments of both parties and the facts on record, concluded that the property inherited by the assessee should be treated as his individual property. The Tribunal found the decision of the Calcutta High Court in Malchand Thirani & Sons to be binding and held in favor of the department, dismissing the appeal.In its analysis, the Tribunal noted that the decision in Malchand Thirani & Sons was based on the interpretation of the Hindu Succession Act, determining the nature of self-acquired property inherited by a son. The Tribunal rejected the argument based on obstructed and unobstructed heritage, stating that it did not impact the characterization of the inherited property as individual or joint family property. Ultimately, the Tribunal upheld the order of the Commissioner (Appeals) based on the precedent set by the Calcutta High Court's decision.Therefore, the Tribunal's decision was based on the interpretation of the Hindu Succession Act and the precedent set by the Calcutta High Court, holding that the inherited property should be considered the individual property of the assessee, dismissing the appeal.---