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RAM SWARUP, S.N.ROTHO
Income-tax Officer (Second) – Appellant
Versus
Arun Kumar J. Roongta (HUF) – Respondent


Advocates Appeared:
L.N. Joy,V.H. Patil

ORDER
S.N. Rotho, Accountant Member - These two appeals filed by the department relate to the same assessee, and so, they are heard together and disposed of by this common order, for the sake of convenience.

2.
Appeal No. 4298/Bom/1982 has been filed against the order dated 31 May 1982 of the AAC allowing the assessee's claim for partial partition under section 171 of the Income-tax Act, 1961.

3.
The assessee was a member of the HUF consisting of himself, his father Jagmohanlal Roongata, and his mother Smt. Mohini Devi. There was a partition in this HUF by a deed dated 30th March, 1976. This partition has been recognised by an order under section 171 of the Act dated 10th May, 1977 passed by the ITO.

4.
After the joint family properties were partitioned as stated above, the assessee, Arunkumar, received his share of the joint family property on behalf of his branch of the family consisting of himself, and his wife Smt. Chandralekha. A partition deed dated 30th March 1976 (the same day on which the bigger HUF was partitioned) was executed by which there was a partial partition of the HUF properties received by the assessee, Arunkumar, between himself and his wife. The assessee, Arunkuma






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