Law:

Section:

Section 3 of the wealth tax act, 1957-Hindu undivided family-Assessment in status of-Whether a minor, without having his own family and receiving share of joint family property on partition, could be assessed in status of HUF-Held on facts, no Facts The assessee, a minor, received his share of joint family properties on partition in December 1962. For the assessment year 1970-71, his mother filed the wealth-tax return on his behalf at Rs. 2,64,000 in the status of HUF. The WTO and the appellate authorities took his status as individual. On reference on : Held The assessee was a minor on 28-12-1962 when he received the property on partition and continued to be minor throughout in the relevant assessment year. He had admittedly no family on his own. It was, thus, difficult to appreciate the assessee's contention that the impugned property retained, in his hands, the character of the joint family property, even though he did not constitute a joint Hindu family. The character of the property is determined according to the status of the person holding it. The Tribunal was, therefore, right in law in holding that the assessee's status was that of an individual. JUDGMENT Vijayvargiya, J.- By this reference under section 27 of the Wealth-tax Act, the Appellate Tribunal, Indore Bench, Indore, has referred the following question of law for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding the status of the applicant as an individual for computation of wealth-tax of the applicant on the share of property received by him on partition of his original HUF property on December 28, 1962? " 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 Rs. 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…

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