Law:

Section:

Section 4 of the Income-tax Act, 1961 - Hindu undivided family - Assessability of - Assessee succeeded to impartible estate of his great grandfather who survived his predeceased father and grandfather - Estate was impartible and governed by rule of lineal primogeniture - Whether Tribunal was justified in determining status of assessee as an HUF - Held, yes Facts The assessee was the great grandson of one S. The assessee's father and grandfather had predeceased his great grandfather. Thus, consequent upon the death of his great grandfather the assessee succeeded to his estate. The estate was impartible and was governed by the rule of lineal primogeniture. For the relevant assessment years, the assessee filed his return in the status of an HUF. The ITO, however, assessed him as an individual. On appeal, the AAC accepted the stand of the assessee and assessed him in the status of an HUF. On the revenue's appeal, the Tribunal also upheld the AAC's order. On reference: Held In the case of same assessee in CIT v. Maharaja Chintamani Saran Nath Sahdeo[1982] 133 ITR 658 ( Pat.), it was held that after the enactment of the Hindu Succession Act, 1956, the assessee had to be assessed in the status of an HUF. Therefore, the Tribunal, in the present case, was right in determining the status of the assessee as an HUF for the relevant assessment years. Section 217 of the Income-tax Act, 1961 - Advance tax - Interest payable by assessee - Assessee who was assessed in earlier years in status of an individual, was assessed in relevant assessment years in status of a HUF - Assessee did not send estimate of advance tax for assessment years in question and was charged penal interest by ITO under section 217 - Whether in view of fact that assessee was being assessed in a different status previously, it was to be held that he was a new assessee in relevant assessment year and, thus, interest was rightly charged under section 217 - Held, yes Facts The assessee, who was being assessed in earlier years in the status of an individual was assessed in the relevant assessment years in the status of an HUF. The assessee had not sent an estimate of advance tax for the assessment years in…

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