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    <title>2001 (11) TMI 9 - MADRAS High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=11478</link>
    <description>Under the Wealth-tax Act, a liability can be deducted only if it is a debt owed by the assessee. Applying the notional partition under the proviso to section 6 of the Hindu Succession Act, the deceased coparcener&#039;s 1/3rd share was carved out notionally, and the estate duty on that share was treated as a charge on the deceased&#039;s estate under the Estate Duty Act, not as a liability of the continuing HUF. Because the debt belonged to the heirs of the deceased coparcener and not to the assessee-HUF, it could not be deducted from the HUF&#039;s net wealth. The rectification withdrawing the earlier allowance of that deduction was therefore valid.</description>
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    <pubDate>Mon, 26 Nov 2001 00:00:00 +0530</pubDate>
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      <title>2001 (11) TMI 9 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=11478</link>
      <description>Under the Wealth-tax Act, a liability can be deducted only if it is a debt owed by the assessee. Applying the notional partition under the proviso to section 6 of the Hindu Succession Act, the deceased coparcener&#039;s 1/3rd share was carved out notionally, and the estate duty on that share was treated as a charge on the deceased&#039;s estate under the Estate Duty Act, not as a liability of the continuing HUF. Because the debt belonged to the heirs of the deceased coparcener and not to the assessee-HUF, it could not be deducted from the HUF&#039;s net wealth. The rectification withdrawing the earlier allowance of that deduction was therefore valid.</description>
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      <pubDate>Mon, 26 Nov 2001 00:00:00 +0530</pubDate>
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