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TMI Blog1982 (4) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... ily on the last date of the previous year, the assessment could be made on the HUF. The valuation date is 31-3-1978. There was a partition of the joint family on 31-3-1978. The assessee-HUF filed a nil return of wealth. It was explained before the WTO that since the partition has taken place on the last date of the valuation date, the assessee was not having any taxable wealth. The WTO did not acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the HUF and so there was no joint family in existence on that date on which an assessment could be made. The HUF contemplated under section 20(1) is one which should be in existence but not one which had already been disrupted. The learned departmental representative submitted that on the last date of the previous year, i.e., 31-3-1978, the joint family was in existence. It is only on that da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, it is brought to the notice of the Wealth-tax Officer that a partition has taken place among the members of a Hindu undivided family, and the Wealth-tax Officer, after inquiry, is satisfied that the joint family property has been partitioned as a whole among the various members or groups of members in definite portions, he shall record an order to that effect and shall make assessments on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved as under : "... What section 20(1) in our opinion provides is that if a partition by metes and bounds has taken place on the last day of the previous year relevant to the year of assessment, the undivided family has to be assessed under the Wealth-tax Act as such in spite of the partition having taken place so far as that assessment year is concerned. If this condition of the partition havi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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