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TMI Blog2001 (11) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... mong the members of the Hindu undivided family and after excluding 1/3rd share of the deceased Kumara Raja Muthiah Chettiar the remaining 2/3rds alone belongs to the Hindu undivided family comprising of Raja Muthiah Chettiar, his wife, Rani Meyyammai Achi, and their son, M.A.M. Ramasamy. The estate duty assessments (?) of this Hindu undivided family for the assessment years 1970-71 to 1978-79 were initially made by excluding not only 1/3rd value of the assets of the Hindu undivided family as it existed immediately prior to the demise of Kumara Raja Muthiah Chettiar, but also deducting the estate duty payable on the estate left behind by Kumara Raja Muthiah Chettiar. Those orders of assessment were subsequently rectified by an order made un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Rajah M.A.M. Muthiah Chettiar even though notional partition may have been envisaged under the Hindu Succession Act?" It is not in dispute before us that a notional partition was indeed required to be effected on the demise of Kumara Raja Muthiah Chettiar and that the estate duty payable on that 1/3rd was a charge on that 1/3rd share. The fact that the properties had not been physicially divided does not therefore make any difference so far as the computation of the net wealth is concerned. The share which is allottable to the share of the deceased could not have been included in the net wealth of the Hindu undivided family, which continued nor could that Hindu undivided family be allowed any deduction in respect of the estate duty payab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hettiar and that amount would not qualify for deduction from the net wealth of the assessee-Hindu undivided family. The Tribunal was, therefore, right in the view that it took. The argument of counsel for the assessee that the issue is a debatable one is wholly untenable. There is no scope for debate on this issue. The answer is evident from a bare perusal of the provisions of the Wealth-tax Act. Moreover, the Supreme Court in the case of Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum [1981] 129 ITR 440 has held that in order to ascertain the share of the heirs in the property of a deceased coparcener of an Hindu undivided family it is necessary, in the very nature of things, and as the very first step, to ascertain the share of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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