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2013 (5) TMI 758 - HC - Wealth-taxHUF - Whether assessment proceedings in the name Karta would be legal in the event of partition having taken place between the parties? - Tribunal rejected the appellant's claim of complete partition under Section 20 of the Wealth Tax Act & opined that family is liable to be assessed under the W.T. Act if no such partial partition has taken place - Held that:- On a bare perusal of order by which the tribunal has composed its reasoning, by no stretch of imagination, can be interpretive of the fact that there has been any kind of advertence to the facts in issue. The tribunal has only stated that at the most there is a partial partition but failure to fathom that on what basis the tribunal has come to such a conclusion and on what ground it has reversed the finding of the CWT(A). It is trite law that the tribunal is the highest fact finding authority and, therefore, it has to discharge its obligation while it reverses a factual order more so, when the assessee had suffered. Set aside the order passed by the tribunal and direct remit to it for proper adjudication as per law.
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