TaxTMI 
TaxTMI 
1978 (11) TMI 98
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....nbsp; These appeals relating to asst. yrs. 1971-72 and 1973-74 have been filed by the Revenue against the order of the learned AAC holding that the status of the assessee was HUF and not individual. 2. The short fa....
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...., the appellant constituted a HUF with his wife. However, the assessments was completed in the status of individual only as before. In the subsequent assessment year i.e. 1971-72, the return was filed in the status of HUF, but the assessment was completed in the status of individual and the share of the minors from the firm was included in the income of the assessee us 64 of the income tax Act. At....
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.... : (i) ITO vs. Ram Kishore Agarwal (1) (ii) ITO vs. Shri Shambhulal(2), and (iii) WTO vs. Shri M.L. Agarwal.(3) 5. Copies of the Tribunal's orders were filed before us and after perusing the same we are clear that the matter so far as this Bench is concerned is fully covered by these decisions. The ratio of all the above-cited decisions is that even if there is a partial partition in a....
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....s nothing to do with the basic principle above viz. the continued existence of the HUF consisting of the assessee and his wife even after partial partition of the HUF property. 7. Learned departmental representative contended that the question to which we should address ourselves is as to who own the assets. According to him, after partial partition and constitution of a partnership firm consis....