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[Cites 0, Cited by 0] [Section 8B] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 8B(1) in The Jammu and Kashmir Agricultural Income Tax Act, 1962

(1)Where, at the time of making an assessment under section 8, it is claimed by or on behalf of any member of a Hindu undivided family hitherto assessed as undivided that partition has taken place among the members or groups of members of such family, the assessing authority shall make due enquiry into the matter and if a certified copy of a decree of a competent Civil Court for partition of the joint family property or a document purporting to show that there is separate possession and enjoyment of such property is produced, or in the case of a document other than a certified copy of decree, the assessing authority is satisfied that such document has been acted upon by the parties thereof, or if the assessing authority is otherwise satisfied that the Hindu undivided family has ceased to exist as such and the agricultural income is being enjoyed separately by the members or groups of the members of such family in definite shares, he shall in that case record an order to that effect :Provided that no such order shall be recorded until notice of the enquiry has been served on all the members of the family.