TMI Blog2001 (11) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... Muthiah Chettiar even though notional partition may have been envisaged under the Hindu Succession Act?" - Questions are answered in favour of the Revenue and against the assessee. - - - - - Dated:- 26-11-2001 - Judge(s) : R. JAYASIMHA BABU., C. NAGAPPAN. JUDGMENT The judgment of the court was delivered by R. JAYASIMHA BABU J.- One Kumara Raja Muthiah Chettiar, who was a member of a Hindu undivided family, died on January 24, 1970, leaving behind him, his wife, Kumara Rani Meenakshi Achi, his parents, Rani Meyyammai Achi and M.A. Muthiah Chettiar, and his brother, M.A.M. Ramasamy. By virtue of proviso to section 6 of the Hindu Succession Act, a notional partition was required to be effected among the members of the Hindu undivided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o us: "1. Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the Wealth-tax Officer was right in invoking section 35 of the Wealth-tax Act and rectifying and withdrawing the deduction of estate duty liability originally allowed from the net wealth of the assessee-Hindu undivided family? 2. Whether the Tribunal was right in holding that the estate duty liability relating to 1/3rd undivided share of the deceased coparcener cannot be deducted from the net wealth of the assessee-Hindu undivided family? 3. Whether the Tribunal was right in not appreciating the fact that the assessee-Hindu undivided family continued to exist even after the death of a coparcener Kumara Rajah M.A.M. Muthiah Chettiar ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be deducted from the value of all the assets required to be included in the wealth of the assessee, would be the debts of the assessee and not that of others and the debts which are secured on properties in respect of which wealth-tax is not chargeable, is not to be deducted from the net wealth. The liability for the payment of estate duty on the 1/3rd share of the late Kumara Raja Muthiah Chettiar was not the liability of the assessee-Hindu undivided family. It was the liability cast on the heirs of the deceased Kumara Raja Muthiah Chettiar. Even if that liability had been met by the assessee-Hindu undivided family it would still be the liability of the legal heirs of the deceased Kumara Raja Muthiah Chettiar and that amount would n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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