Abn Amro Bank Nv vs Assistant Director Of Income-Tax on 22 August, 2005
Equivalent
partition of HUF
or the accumulated funds can be received by coparceners or members only on partition and
not otherwise. Even otherwise, this exemption ... Act and not out of accumulated fund.
Accumulated fund, in any case, has to be received only on partition and not otherwise. In view
Act it appears that the ITO is bound
to hold an inquiry into the claim of partition if it is made by or on behalf ... such finding is recorded, sub-s. (3) of s. 25A of the Act
becomes clearly attracted. When a claim is made in time
notice under Section 16(1) of the Gift-tax Act, 1958 ('the Act'). In response to that notice the assessee filed a return ... Act and not on the aspect of the interpretation as such of provisions of the 1961 Act. This decision of the Tribunal, in our opinion
down that the position under the Act is in no way different from what it was before the Act came into force, and that ... Act on a private reference requires registration under Section 17(1)(b) of the Indian Registration Act, if the award effects partition of immovable property
order passed u/s 250 of the Income Tax Act, 1961 in short the
"Act") by Ld. Commissioner of Income-tax (Appeal), National
Faceless ... dated 11.04.2018 filed with the AO intimating full
partition of HUF u/s. 171 of the Act. A copy of the letter is
placed
there is nothing in the Central
Amendment Act 2005 to indicate that the said Amendment Act will be applicable only in
respect of daughter born ... have born. They can claim for partition in property which has not been partitioned
earlier. But if the partition was effected prior
Duty Act by him of that part of his share which he relinquished and on his death within two years of the partition that part ... unequal partition between the members of a HUF. Reliance was also made to the provisions of Section 6 of the Act and it was pointed
widow of a deceased male member and that the Income-tax Act, 1961 , nowhere indicates that the HUF must have at least two male members ... that according to the provisions of Section 6 of the Hindu Succession Act, 1956, the right of the legal heirs on the death
ground that under Section 171(9) of the Act, any partial partition effected after 31-12-1978 cannot be recognised by the ITO. The provisions ... revenue before the High Court was that the derecognition of partial partition was enacted as a measure to prevent tax evasion and should, therefore