COMMISSIONER OF INCOME TAX Vs. SUBBALAKSHMI

JUDGEMENT

(1.) Sri M.V. Sheshachala, learned Counsel takes notice for respondents in Cross Appeals.

(2.) As these appeals and cross appeals arises out of the very same order passed by the Tribunal and the assessees are all members of the erstwhile joint family and therefore they are all taken up for consideration together and disposed of by this common order.

(3.) One Sri Anjana Murthy was the karta of Hindu Joint Family. He was the sole surviving coparcener. The family owned agricultural lands. They were also rearing cattle and carrying on milk vending business. After his death, his sons continued the coparcenary. Out of his wedlock with Komala, his first wife, he had four daughters, namely, Parmila, Latha, Anita and Manjula, After the death of Komala, Anjana Murthy married Smt. Subbalaksnmi and he had two sons and one daughter, viz, Ashok Kumar, Arvind Kumar and Ramya. He had performed marriage of his four daughters during his life time. Anjana Murthy died on 21.02.1994. After his death, the marriage of his daughter Ramya was performed on 16.02.2004. Ramya was given her share in the property of the family by a registered gift deed of about 5 acres of land in Devanahalli. After the death of Anjana Murthy, as his two sons were minors, his second wife Subbalakshmi continued to manage the affairs of the family, till the final partition on 01-11-2005. The case of the assessee is that there was a oral partition on 10.02.1996, in which, the daughters of Anjana Murthy through his first wife were given share equal to l/8th share in about two acres of land belonging to joint family. On 01.02.1999 there was a second partition in the family and 33 dwelling units were partitioned among the assessee and her two sons. They have been receiving rental income as co-owners and tenants in common with l/3rd share each. However, a final partition took place on 01-11-2005. Thereafter no property exist, which may be construed as Hindu Undivided Family property.