interest of the deceased karta in the Mitakshara coparcenary property had to devolve by testamentary or intestate succession and not by survivorship. It was submitted ... deeming a notional partition immediately before his death would have-to devolve on his heirs as per the Hindu Succession Act . It was vehemently argued
shares in the year1998, instead of the year in which shares so devolved on the assessee by her husband, was acquired by her husband ... indexation under Section 48 of the Act relating to the securities devolving upon the assessee on the death of her husband, the benefit of such
interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary ... relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this
Schedule to the said section, the interest of the deceased devolved by intestate succession under the said Act.
3. The revenue has not accepted ... that on the death of the said individual in 1970, his estate devolved by succession on his six heirs, namely, his widow, four sons
property at 6/22, Shanti Niketan, New Delhi would with
certain restrictions devolve on the Trust after the demise of
I.T.A. No. 8498 ... while Sh. Sudershan Kumar Malik stayed in the property,
it had not devolved on the Trust. Devolution was specifically
kept pending by the Testamentary Trust
emerges out from the record
that this property has devolved upon the assessee by way of
relinquishment deed dated 4th June, 1998 executed ... land in Khasra No. 14/21 and how it has devolved upon the assessee.
Ld. CWT(A) has reproduced such event on page
appellant is not owner of the multiplex so the
subsidy cannot devolve upon hire.
(iv) It is further seen that in the original return ... that the assessee not being the owner of multiplex, the subsidy
cannot devolve on it. The findings are contradictory. The main issue in
question
particular cause or
action, upon whom the assets might have
devolved or upon whom the liability in the
event it is adjudicated, would fall.
(emphasis ... particular
cause or action, upon whom the assets might have
devolved or upon whom the liability in the event it is
adjudicated, would fall
Vatika Ltd., New Delhi vs Dcit, New Delhi on 14 August, 2019
INCOME TAX APPELLATE
Abnash Kaur. The other 39%
share is claimed to have been devolved to Smt. Abnash Kaur Gill & her
daughter Smt. Noorien Kaur Gill ... inestate,
leaving no first and second class heirs. His share was thus, devolved to Shri
Ajit Singh, Smt. Surjit Kaur Gill and Adarsh Kaur Gill
