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...great difficulty was able to save himself from imprisonment.18. On 31-3-1999 the respondent had sent notice for breaking the nucleus of HUF, expressly stating that the family...nucleus had been broken with immediate effect and asking for partition of all the properties and assets of HUF and stating that her share should be given to her within 15 days. According to the..., the respondent had sent a notice for breaking the nucleus of HUF.14. The respondent filed a complaint against the appellant under Section 24 of the Hindu...
...the assessment year 2012-13. 2. Shri K. Balasubramanian, the Ld. representative for the assessee submitted that the assessee HUF, sold 122.840 carat of diamonds on 02.01.2012 for..., Royapettah, Chennai 14 along with three other coparceners of HUF on 14.10.2011 for a total consideration of 1,35,00,000/-. 1/4th share of the assessee HUF comes to nearly 38,08,750/-. The purchase of...Karta, the Ld. representative for the assessee submitted that the Bangalore bench of this Tribunal in ITO v Ramesh Kumar (HUF) in ITA No.628/Bang/2010 examined this issue and found that a Karta of...
...hearing now, on query from the Bench, the ld.counsel for the assessee could not file any detail before us, what is the nucleus of the HUF during the period i.e., financial year 1994-95 & 1995-96...passed u/s.263 of the Act, by the PCIT without jurisdiction and holding that the original asset in question was not of HUF and therefore directed the AO for clubbing as per provisions of section 64(2...Act, which expressly permits members of HUFS to hold investments for the benefit of the HUF in the name of the members, who were legally holding the investments in their...
.... yr. 1990‑91, the Tribunal held that the gift of Rs. 25,001 by Smt. Rasila Mehta on 19th April, 1989 to Shri Harshad Mehta, HUF, by itself constitutes a nucleus for the said HUF and the HUF has to be...in his family at the time of gift, the aspect which will be dealt later. But as far as the question of any gift specifically given for the sole enjoyment of HUF could form the nucleus of HUF stands...HUF had not come into existence. The assessee did not have any issue much less a male issue and the husband and wife alone did not constitute HUF for the purpose of assessment and, therefore, the denial...
...status of HUF to be remained intact, the nucleus is required. Here, the land and cattle are the nucleus of the HUF. Whether the assessee has filed the return of income for that the Assessing Officer...accepted that there was a partition of bigger HUF of the assessee on 23-04-1998, no doubt, the assessee has not filed any return of income of HUF, that does not mean the status of HUF is gone. For the...Assessing Officer's action.“3. Learned Assessing Officer when accepts the figure of total agricultural and Milk sale for the purpose of computing taxable income, how can he treat source...
...this nucleus for the control of the company and it was the HUF, therefore, which would be entitled to the benefits accruing therefrom. Subject to the exclusion of an amount of Rs. 28,980, the assessment...facts which are relevant for the purpose of considering the above question. The assessee was a HUF consisting at the material time of one Ramchandra Lalbhai Banker, his wife and his son. The family held...Agency Co. and the Lal Mills. It is obvious that but for the fact that the HUF was a shareholder of the Managing Agency Co. and the Lal Mills, Ramchandra Lalbhai, who was the manager of the HUF, would...
.... Suit property was purchased during the lifetime of Kannomal and Gullimal both. Thus, there was sufficient nucleus of the HUF for the purchase of the property in question. Plaintiff having failed to...about the existence of the joint nucleus or its sufficiency for the acquisition of the property in dispute ?
(2) Whether the lower Appellate Court has erred in placing the burden of..., existence of the nucleus of HUF was also not equally established. Since Gullimal and Kannomal were separately living, no presumption may be raised about the ancestral business or existence of the nucleus...
...for the share of the Shodhan Sr, that is what would go to Shodhan Jr, and as for the share of Shodhan Jr, that is what would constitute HUF nucleus for the smaller HUF of Shodhan Jr. In effect, th...partial partition of the HUF, after 31st December 1978, cannot be recognized for the purposes of the Income Tax Act, 1961...HUF it shall be deemed to have remained a HUF for the purpose of assessment of tax under the Act unless there is a finding of partition in terms of the provisions of section 171(3...
...Shodhan Sr, that is what would go to Shodhan Jr, and as for the share of Shodhan Jr, that is what would constitute HUF nucleus for the smaller HUF of Shodhan Jr. In effect, thus, the sons share in the.... Section 171 of the Income- tax Act makes it clear that when a person is assessed in the status of HUF it shall be deemed to have remained a HUF ...individual set. It is further submitted that this status for ownership of half share in my HUF set is as per operation of law and...
...funds in the name of any one of the coparcener, it has to be construed that the investment was made in the name of HUF. When the nucleus of the HUF fund was used for purchase of a property in the name...-parcener of the HUF. The assessee contended that Sri G.R Setty, one of the co-parcener of the HUF has purchased the property for which the funds were given from the HUF and the balance amount was taken...that the assessee HUF has sold the property and the coparcener had acquired the residential house for which the source was funded by the HUF partially and balance was met out of borrowed funds. One of...
...they were reflected in the HUF account. The Assessing Officer did not accept the explanation for the reason that inception of HUF was 1.4.2000, no return of income was filed for HUF till 7.3.2011, no PAN w...HUF evolved, despite being required, the details of the nucleus of the HUF was not provided, HUF exists by virtue of an invalid return for assessment year 2008-09 filed on 7.3.2011, PAN for ...to their HUF. On further query from the Assessing Officer to give the evidence of the nucleus of HUF, he could not I.T.A.No.267 & 268/13 :- 6 -: provide the same...
...they were reflected in the HUF account. The Assessing Officer did not accept the explanation for the reason that inception of HUF was 1.4.2000, no return of income was filed for HUF till 7.3.2011, no PAN w...HUF evolved, despite being required, the details of the nucleus of the HUF was not provided, HUF exists by virtue of an invalid return for assessment year 2008-09 filed on 7.3.2011, PAN for ...to their HUF. On further query from the Assessing Officer to give the evidence of the nucleus of HUF, he could not I.T.A.No.267 & 268/13 :- 6 -: provide the same...
...they were reflected in the HUF account. The Assessing Officer did not accept the explanation for the reason that inception of HUF was 1.4.2000, no return of income was filed for HUF till 7.3.2011, no PAN w...HUF evolved, despite being required, the details of the nucleus of the HUF was not provided, HUF exists by virtue of an invalid return for assessment year 2008-09 filed on 7.3.2011, PAN for ...to their HUF. On further query from the Assessing Officer to give the evidence of the nucleus of HUF, he could not I.T.A.No.267 & 268/13 :- 6 -: provide the same...
...they were reflected in the HUF account. The Assessing Officer did not accept the explanation for the reason that inception of HUF was 1.4.2000, no return of income was filed for HUF till 7.3.2011, no PAN w...HUF evolved, despite being required, the details of the nucleus of the HUF was not provided, HUF exists by virtue of an invalid return for assessment year 2008-09 filed on 7.3.2011, PAN for ...to their HUF. On further query from the Assessing Officer to give the evidence of the nucleus of HUF, he could not I.T.A.No.267 & 268/13 :- 6 -: provide the same...
...the assessment year 2012-13. 2. Shri K. Balasubramanian, the Ld. representative for the assessee submitted that the assessee HUF, sold 122.840 carat of diamonds on 02.01.2012 for..., Royapettah, Chennai 14 along with three other coparceners of HUF on 14.10.2011 for a total consideration of 1,35,00,000/-. 1/4th share of the assessee HUF comes to nearly 38,08,750/-. The purchase of...Karta, the Ld. representative for the assessee submitted that the Bangalore bench of this Tribunal in ITO v Ramesh Kumar (HUF) in ITA No.628/Bang/2010 examined this issue and found that a Karta of...
...the assessment year 2012-13. 2. Shri K. Balasubramanian, the Ld. representative for the assessee submitted that the assessee HUF, sold 122.840 carat of diamonds on 02.01.2012 for..., Royapettah, Chennai 14 along with three other coparceners of HUF on 14.10.2011 for a total consideration of 1,35,00,000/-. 1/4th share of the assessee HUF comes to nearly 38,08,750/-. The purchase of...Karta, the Ld. representative for the assessee submitted that the Bangalore bench of this Tribunal in ITO v Ramesh Kumar (HUF) in ITA No.628/Bang/2010 examined this issue and found that a Karta of...
...Singh, the version of the plaintiff gets fortified to the extent that there were properties of joint Hindu family, and there was nucleus of the said HUF and that part of said nucleus was used for the...the HUF (Hindu Undivided Family) of which the defendant No. 1 was the ‘karta’. After the partition, the whole family came to India leaving their properties in Pakistan, for which the defendant No. 1...been purchased from the nucleus of the HUF, the plaintiff had 1/8 share in the said properties. Hence the said suit, claiming her share in the immovable properties, and seeking the permanent injunction...
...which belongs to a female member cannot be considered as capable of providing any nucleus for properties to become properties of an HUF. The Tribunal, accordingly, held that what Appa Rao got from his...assessments of the assessee for 1968-69 and 1969-70 whether the assessee had to be dealt with as an individual or as the karta of an HUF in respect of the income from his properties and business. The ITO took...regarded as a partition of the joint family properties. On the basis of these reasonings, the Tribunal declined to treat the assessee as an HUF for purposes of assessment.4. In this...
...Rustagi for making the gift to a HUF like that of L.N. Rustagi, his wife and his two minor sons, it was not a condition prerequisite that the said HUF must have a nucleus of his own. In support of this...gifted amount of Rs. 10,500 was the income of the aforesaid HUF. This was not acceptable to the ITO, who observed as under :"It may be stated here that there was no nucleus of the HUF in...the form of ancestral property or out of portion or out of any accretion thereto. In the present case, the father has gifted a sum of Rs. 10,500 purporting to be for the benefit of HUF of the son L.N...
...thereto. Admittedly, the trial Court allowed partition of plaint D schedule property as well. The learned counsel for the second defendant contended that the HUF has enough nucleus to acquire the plaint...sufficient nucleus for the purchase of the property, the property standing in the name of individual members of the HUF cannot be treated as HUF property. Indeed, the legal position is well settled in this...good, so far as the defendants are concerned. It is for the plaintiff himself to prove his case. The plaintiff is estopped from denying sufficient nucleus to the HUF and the income generated by such...