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2005 (8) TMI 43 - BOMBAY HIGH COURT"Whether Tribunal is justified in law in holding that the income from assets received on partition was assessable in the hands of the assessee individual?" - In the case on hand, there is no dispute that the property obtained on partition by the assessee had all the characteristics of joint family property and continued as such notwithstanding the short interregnum during which the assessee happened to be the sole surviving member and, therefore, assessed to tax as owner of the joint family property in his individual capacity. On the assessee's marriage, a joint family came into existence, hence, the property became liable to be assessed as Hindu undivided family property. We, accordingly, answer the question referred to us for opinion in the negative i.e., against the Revenue and in favour of the assessee
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