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Above Section deal with the definition of the partition of HUF & deals with the Income tax applicable provisions of assessment related law after Hindu Undivided Family partition. So a transaction may be treated as severance of status under Hindu Law, However not a partition under Income tax Act 1961 as physical division of property is compulsory & necessary under Income tax Act 1961.
Ancestral Property: The property that a man gets from any of his three direct male ancestors—his father, grandfather, and great grandfather—is referred to as ancestral property. Property inherited from any other relationship is therefore not considered ancestral property. The following families’ ancestral property income is subject to Hindu Undivided Family taxation:
The Partition of Hindu Undivided Family should be considered as per IT Act & not as per the Hindu Law. Section 6 of the Hindu Succession Act would govern the rights of the each parties However insofar as IT law is concerned, the matter has to be undertaken u/s 171(1) of the IT Law.
The Partition of Hindu Undivided Family can be classified as under: –
Income Tax Act do not consider Hindu Undivided Family property or/and persons partial partition after 30.03.1978 on insertion of section 171(9). Above restriction was come to avoid making multiple Hindu Undivided Family’s which was a misuse of Income Tax law.
According to the Hindu Succession Act, 1956, Daughters are also made coparceners & their rights are equal to those of sons & therefore sons & daughters get same share in the Hindu Undivided Family property on partition. (Section 6 of Hindu Succession Act, 1956)
According to the Hindu Succession Act, 1956 & other related Hindu Law does not need division of joint family property physically or by metes and bounds. But, HUF partition as defined under Explanation to Section 171 of the Act means—
Procedure by which the Hindu Undivided Family partition gets its complete recognition are as mentioned here under : —
(a) Hindu Undivided Family, which has been hitherto assessed, must make a claim to A.O. that Hindu Undivided Family properties have been basically subjected to complete Partition.
(b) thereafter, respective A.O. will make an basic inquiry into claim after giving notice to all members of the Hindu Undivided Family; &
(c) In case A.O. is feel & satisfied that above claim is accurate & correctly claimed, then, A.O. will record his finding that there was a complete partition of Hindu Undivided Family, & A.O. will also mention date on which it has taken place.
Assets distribution of a Hindu Undivided Family during course of HUF partition, will not attract any income tax capital gains tax liability as it does not involve any kind of transfer. So, it would be no clubbing of incomes u/s 64 of Income Tax law as it will not involve any kind of capital Assets transfer.
S.No. | Section | Deduction |
1 | Under Section 80D | Deduction for payment on a/c of preventive health check-ups not available. Mediclaim Policy on health of any member of the family. |
2 | Under Section 80DDB | Medical treatment for any dependent member of the Hindu Undivided Family |
3 | Under Sections 80ID / 80IE / 80JJA / 80IA / 80IAB / 80IB / 80IC / | New Industrial undertakings |
4 | Under Section 80C | Hindu Undivided Family Deduction available |
5 | Under Section 80G | Donation to charitable institutions, certain funds etc. |
6 | Under Section 80DD | For maintenance including medical treatment of a dependent member of the family. |
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