1981 (4) TMI 165

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....the AAC confirming the ITO's order under s. 171(3) of the IT Act declining to recognise an alleged partial partition of the assessee-family on 31st March, 1977 for asst. yr. 1977-78. 2. The assessee, Shri K.R. Sree Ramulu Chetty is the Karata of a joint family, which consisted of two other co-partners, namely S. Murugesan and S. Rajesh, both his minor sons. The assessee had movable to the exten....

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.... assessee, wherein the partial partition in respect of the movable was reported. The ITO, however, rejected the claim of the assessee on the basis of the Madhya Pradesh High Court decision claim of Seth Gopaldas (1978 CTR (MP) 246: (1979) 116 ITR 577 (MP). He, however made an error in his order in assuming that the partial partition claimed related to immovable. He does not seem to have entertaine....

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....nal wherein this fact was recognised and it was found after discussion of the principles of Hindu Law and the relevant case law that the attention of the Madhya Pradesh High Court was not drawn to the Supreme Court decision and the case law and that this Tribunal would not be justified in following the Madhya Pradesh decision in view of the law laid down by the Supreme Court. The ld. Deptl. Rep. o....

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.... the law as laid down by the Supreme Court and such law which should be taken as well established is in favour of the tax payer. We also find that the fact that there has been an agreement in this case and such agreement clearly mentions that the Karta was not only action on behalf of himself, but also on behalf of his children as their guardian, makes a difference and even on this reason the deci....