HUF status and partition of joint hindu family

Swaroop Godbole (Querist) 12 May 2010 This query is : Resolved
whether it is neccessary that change in the status of HUF under income tax act neccessarily amounts to partition between coparceners?

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adv. rajeev ( rajoo ) (Expert) 12 May 2010
If the partition between the coparcerns in respect of the properties only but HUF business continues then it does not amounts to change of status.

Surrender K Singal (Expert) 12 May 2010
What 'change' under IT Act is being referred to ?
It could be partial or total partition ?

G. ARAVINTHAN (Expert) 12 May 2010
If partition took place, then where is the question of HUF?

Vineet (Expert) 13 May 2010
Income Tax Act recognises only one change in status of HUF which is TOTAL partition in respect of MEMBERS as well as propeties wef 1-1-1979.

Without total partition, the HUF continues to be assesseed in same status in respect of all properties irrespective of the fact whether any partial partition in respect of few members or few properties has taken place.

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