1983 (8) TMI 134

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....ere is only one ground which reads as under; The learned AAC erred in confirming the order passed by the learned ITO refusing to recognise u/s 171 (3) of the IT Act a partition, in the HUF, which being legal needs to be accepted. 2. The facts briefly stated are that the assessee family consisted of 4 brothers. There was partial partition of business capital of Rs. 20,000 on 29th October 1978....

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....of the same branch of the family can have no legal existence as a separate independent unit; but all the members of the branch or of a sub-branch, can form a distinct separate corporate unit within the large corporate family and held property as such. But the law does not recognise some of the members of a joint family belonging to different branches or even to a single branch, as a corporate unit....

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.... considered in their assessments and not in the case of bigger HUFs where partial partition has been made. He, therefore, contended that there is no justification for not accepting the partial partition by the authorities below. The ld. departmental representative on the other hand has supported the order of the authorities below and had strongly relied upon the provisions contained in Art. 228A o....