1987 (9) TMI 70

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....essee is a HUF and the appeal relates to the asst. yr. 1981-82. There was a partial partition by memorandum dt. 19th Oct., 1979 between the assessee HUF and Shri Vijay Dhirajlal Ajmera, one of the members of the assessee- HUF whereby, some of the assets of the assessee HUF were transferred to the HUF of Vijay Dhirajlal Ajmera (hereinafter referred to as "the reduced HUF"). It was claimed that the ....

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....learned counsel, Shri Patil, on the authority of the judgment of the Hon'ble High Court of Kerala in the case of ITO vs. Smt. N.K. Sarada Thimpatty 1975 CTR (Ker) 231 : (1975) 105 ITR 67 (Ker), submitted to us that the provisions of s. 171 of the IT Act, 1961 had been enacted with a view to create a legal fiction whereby an entity, which was in existence at the relevant time but had ceased to exis....

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....6 CTR (SC) 415 : (1982) 133 ITR 690 (SC) wherein their Lordships laid down that unless a finding was recorded under s. 171 accepting the claim of partition or partial partition, as the case may be, the HUF will continue to be assessed as hitherto, notwithstanding the fact that a partition or partial partition had in fact taken place. Our attention was also invited to another ruling of the Hon'ble ....

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.... Court in the case of Kalloomal Tapeswari Prasad (HUF) vs. CIT has clearly laid down that where there is no claim that a partition total or partial had taken place or where it is made and disallowed, an HUF which had hitherto been assessed as such, will have to continue to be assessed as such not withstanding the fact that a partition may, in fact, have taken place. Viewed in this context, sub-s. ....