Partition

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....on; 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; Govind Das v. ITO - 1975 (12) TMI 144 - SUPREME COURT, held that "The substantive law to be applied for determining the liability to tax must necessarily be the law under the old Act, for that is the law ....

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.........................the definition of "partition" in Explanation to Section 171 of the Income Tax Act, 1961 is attracted. The above definition cannot be read in isolation. Where a Hindu family was never assessed as a HUF, Section 171 of the Income Tax Act, 1961 will not apply even when there is a division or partition of property which does not answer to the above definition." ITO v. N. K. ....