1983 (5) TMI 76

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....was no partial partition of the HUF and, therefore, the entire wealth of the HUF was assessable in its hands. The case was that there was a partial partition of the HUF consisting of the mother, the two minor sons and a minor daughter on 3rd March 1975 and, then some property belonging to the HUF was divided. The case therefore, was that the asset belonging to the HUF, which was divided, the value....

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.... drawn to the order dt. 18th January 1982 passed in the case of the assessee in ITA No. 1450/Jp/80, asst. yr. 1976-77, by this order, the Tribunal held that partial partition had been validly made among the mother, two minor sons and a daughter, inasmuch as, the mother acted on her own behalf and as guardian of the minors. The Tribunal clearly held that partial partition of the HUF was legally pos....

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....ould be made only with the consent of the major coparceners, was not approved by the Hon'ble Supreme Court. The order of the AAC passed in the income-tax matter for the year under appeal having been cancelled by the Tribunal, we hold that the reasoning of the AAC in the instant case is no longer sustainable. Then it was argued that u/s. 20 of the WT Act, partial partition is not possible and only ....