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1980 (2) TMI 24

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..... ollowing question of law for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding the status of the applicant as an individual for computation of wealth-tax of the applicant on the share of property received by him on partition of his original HUF property on December 28, 1962 ? " The facts giving rise to this referenc .....

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..... s own family, did not make any difference. This contention of the assessee was not accepted by WTO who computed the wealth of the assessee in his status as an individual. The order of the WTO was maintained in appeal by the AAC and in second appeal by the Appellate Tribunal. At the instance of the assessee, the Appellate Tribunal has referred the aforesaid question of law arising out of the order .....

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..... e case, the Appellate Tribunal was fully justified in holding that the status of the assessee during the assessment year was that of an individual and not of an HUF as contended by the assessee. As a result of the discussion aforesaid, our answer to the question referred to us is in the affirmative and against the assessee. In the circumstances of the case, there shall be no order as to costs of .....

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