1997 (8) TMI 8

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....The claim of the assessee was that the joint family had effected partial partition in respect of certain properties of the family. The claim was rejected by the Tribunal but was upheld by the High Court. The properties in question, as set out in the judgment of the Tribunal are: Venugopal Mohanlal A/c L. F. 8:   Rs. By cash in hand 3,500.00 Telephone deposit 350.00 Osm....

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....facts of the case, it is found that each of the nine items of properties is capable of physical partition. This is not a case where the Hindu undivided family itself was carrying on its business before partial partition with these assets. The Hindu undivided family had investments in various businesses. Investments in a co-operative society to the tune of Rs. 54,750 or monies deposited with the ba....

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....division of the income without a physical division of the property producing the income shall not be deemed to be a partition ; or (ii) where the property does not admit of a physical division, then such division as the property admits of, but a mere severance of status shall not be deemed to be a partition ; (b) 'partial partition' means a partition which is partial as regards the persons c....

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.... CIT [1982] 133 ITR 690 (SC), a partial partition was effected in respect of properties which were not physically divided. The Income-tax Officer declined to record the partition. It was. held by this court that mere severance in status was not sufficient to establish partition, The require ment of the Hindu law and the requirement of the Income-tax Act were different in this regard. Several ot....