KARANSINGH Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) BY this reference under Section 27 of the W.T. Act, the Appellate Tribunal, Indore Bench, Indore, has referred the following question of law for the opinion of this court:

(2.) THE facts giving rise to this reference as set out in the statement of the case are as follows : THE assessee, Karansingh Pawar, is a minor son of Shri Jagdeo Rao Pawar. THE return of wealth on behalf of the assessee for the assessment year 1970-71 was filed by his mother declaring his net wealth at RSection 2,64,000. THE assessee claimed the status of an HUF. THE assessee contended that the property was received by him as a result of the partition which took place in December, 1962. THE property admittedly belonged to the HUF consisting of the assessee and his parents. THE assessee contended that as the property originally belonged to the HUF, it retained its character of being the property of an HUF in the hands of the assessee even after the partition of the property and the fact that the assessee was a minor and did not have his own family, did not make any difference. This contention of the assessee was not accepted by WTO who computed the wealth of the assessee in his status as an individual. THE order of the WTO was maintained in appeal by the AAC and in second appeal by the Appellate Tribunal. At the instance of the assessee, the Appellate Tribunal has referred the aforesaid question of law arising out of the order of the Tribunal for the opinion of this court.