COMMISSIONER OF INCOME TAX Vs. CHARAN DASS HUF

JUDGEMENT

(1.) The Income Tax Appellate Tribunal, New Delhi has referred the following question of law under section 256 (1) of the Income Tax Act, 1961 (here in after referred to as the Act) for opinion to this Court. "Whether in view of the facts and circumstances of the case, the ITAT was legally correct in holding that the Assessing Officer was not right in applying the provisions of Sub section (9) of Section 171 of the I.T. Act and also in directing him to record the finding relating to the partition as claimed by the assessee?

(2.) The dispute relates to the assessment year 1985-86.

(3.) Briefly, stated the facts giving rise to the present reference are as follows :4. M/s Charan Das (HUF) consisted of Sri Charan Das Karta, Smt. Kans Rani wife of Karta and two sons namely, Sri Somnath and Sri Chandra Mohan. The wives and children of Sri Somnath and Chandra Mohan were also members of said HUF. Sri Charan Das made a will dated 30th April, 1984. The relevant portion of the will is reproduced below :" I further bequeath my total interest in my coparcenary property that I may be possessed of at the time of my death to the Hindu Undivided Family consisting of my sons Sh. Om Nath Ghai & Shri Chandra Mohan Ghai, my wife, wives of Shri Som Nath and Shri Chandra Mohan Ghai & their children as members."