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    <title>1981 (10) TMI 20 - MADRAS High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=29263</link>
    <description>Wealth-tax could not be assessed in the status of a Hindu undivided family where the family had already been divided and the sons held the inherited properties separately. The court held that HUF status depends on the factual and legal existence of a joint family under personal law, and cannot be created by assessment alone. Section 20(2) of the Wealth-tax Act, 1957 also did not apply, because it presupposes an existing HUF whose partition may be recognised or deemed to continue; it cannot bring a non-existent joint family into existence. The assessment was therefore held unsustainable.</description>
    <language>en-us</language>
    <pubDate>Mon, 12 Oct 1981 00:00:00 +0530</pubDate>
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      <title>1981 (10) TMI 20 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=29263</link>
      <description>Wealth-tax could not be assessed in the status of a Hindu undivided family where the family had already been divided and the sons held the inherited properties separately. The court held that HUF status depends on the factual and legal existence of a joint family under personal law, and cannot be created by assessment alone. Section 20(2) of the Wealth-tax Act, 1957 also did not apply, because it presupposes an existing HUF whose partition may be recognised or deemed to continue; it cannot bring a non-existent joint family into existence. The assessment was therefore held unsustainable.</description>
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      <law>Wealth-tax</law>
      <pubDate>Mon, 12 Oct 1981 00:00:00 +0530</pubDate>
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