Opinion Of Eminent Legal Luminaries On Controversial Issues

Is It Necessary To Have Partition Order In Case HUF Has Partitioned?

QUERY: Nowadays, no action is taken on intimation for partition u/s. 171(1)? Can the assessee presume that his application has been accepted or would be make any difference?
ANSWER: S. 171(3) of the Act mandates that on a claim being put forward under this section, the Assessing Officer shall hold an enquiry. Such enquiry shall be made as part of assessment proceedings. On completion of the enquiry the Assessing Officer shall make an order under this section accepting or rejecting the claim of partition as also the date on which it has taken place. Such an order is necessary, otherwise the HUF shall continue to be assessed as hitherto for, in the status of HUF as per Kalumal Tapeswari vs. CIT [133 ITR 690 (SC)].

In view of the above, it is necessary that to get the order of partition from the Assessing Officer either through pursuance or by direction from higher authorities.

Posted in Income-tax

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