TMI Blog2001 (6) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... of this country, in the area that subsequently formed the State of Kerala, the assessee is bound by all the enactments passed by the State of Kerala in the field of his personal law, more than 25 years after independence. The statute on which the Revenue relied is the Kerala joint Hindu Family System (Abolition) Act, 1975. The facts noticed by the Tribunal show that the assessee had, when the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars 1949 and 1950, respectively. All the assessments of the assessee are made in the State of Tamil Nadu. The Assessing Officer for the assessment years 1977-78 to 1982-83 relying upon the Kerala Joint Hindu Family System (Abolition) Act sought to assess the assessee as an association of persons at the maximum marginal rates declining to assess the assessee as a Hindu joint family in which stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u. The fact that this Hindu undivided family has some properties in Kerala, does not disentitle the Hindu undivided family from being assessed in that status. The assessment is made on the person owning the properties, the assessment being for the purpose of levying income-tax. The status of the assessee outside the State of Kerala is unaffected by the said Kerala Act which put an end to the joint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1975, is inapplicable to the assessee. We answer the question referred to us as to whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the provisions of the Kerala joint Hindu Family System (Abolition) Act of 1975, is inapplicable to the facts of the case and that the assessee should be assessed only in the status of a Hindu undi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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