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Section 4 of the Income-tax Act, 1961 - Hindu undivided family - Assessable as - Assessment year 1971-72 - Whether assessee, a 'Marumakathayam' family (group of 33 individuals), could be assessed in status of HUF for relevant assessment year - Held, yes FACTS The assessee was a "Marumakathayam" family(group of 33 individuals) in the erstwhile Malabar area. It possessed large properties, movable and immovable. Up to the assessment year 1968-69 it was assessed in status of the HUF. There was a registered agreement dated 16-07-1961, whereby the members of the family decided to become separate. The matter of division was referred to an arbitrator. The said agreement was modified by a later agreement dated 22-03-1962. The arbitrator rendered the award on 11-09-1967 that the properties should be administered in accordance with the agreement dated 22-03-1962. The assessee filed return for the relevant assessment year in the status of a HUF. The assessment was completed on that basis. The AAC followed his earlier order for the year 1969-70 and held that there was no HUF for the relevant assessment year. The Tribunal held that when division by metes and bounds was impossible, the partition had to be accepted. On reference: HELD In view of the same High Court's decision in CIT v. Manjeri Kovilakam Interim Management Committee [1992] (1992) 194 ITR 486 it was to be held in the instant case that the assessee could be assessed in status of a HUF for the relevant assessment year. Note: The decision is in favour of the revenue. CASES REFERRED TO CIT v. Manjeri Kovilakam Interim Management Committee [1992] (1992) 194 ITR 486 (Ker.), Kalloomal Tapeswari Prasad (HUF) v. CIT[1982] 133 ITR 690 (SC), ITO v. Smt. N.K. Sarada Thampatty [1976] 105 ITR 67 (Ker.). P.K. Ravindranatha Menon and N.R.K. Nair for the Applicant. Abraham Mathew, Jose Joseph and A.K. Jose for the Respondent. JUDGMENT K.S. Paripoornan, J.- At the instance of the Revenue, the Income-tax Appellate Tribunal (in short, "the Tribunal") has referred the following question of law for the decision of this court: "Whether, on the facts and in the circumstances of the case, the assessee (the group of 33 individuals) could…

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